Terms of Service

Last updated: December 28, 2022

1. Interpretation and Definitions

1.1. Interpretation

The words of which the initial letter is capitalized have meanings defined under the following definitions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1.2. Definitions

For the purposes of this Terms of Service:

2. Acknowledgment

This is the Agreement that governs the use of this Service. This is also the Agreement that operates between You and the Company. This Agreement sets out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with this Agreement. This Agreement applies to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by this Agreement. If You disagree with any part of this Agreement then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

The Company reserves any and all rights not covered by this Agreement.

3. Eligibility and Enrollment

We reserve the right to decide if You are elegible to use the Service.

In general, You shall not use the Service if you work for, have worked for, own, are stock holder of or are in any way related to any entity or person that offers a similar service to our Service.

We do not guarantee that You will be selected to use the Service.

4. License

Subject to your compliance with these Terms, and your payment of any applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, personal license to access and make use of the Service. All rights not expressly granted to you in these Terms are reserved. You may not misuse the Service. You may use the Service only as permitted by law. The licenses granted by the Company will terminate automatically and without further notice if you do not comply with this Agreement.

5. Accounts

Candidates. No account is required to solve questions posted by a third party that has requested Your participation as a Candidate.

The Company provides Candidates free access to the Service for use on an “as is” basis, without any warranties of any kind, express or implied, and to the fullest extent permitted under applicable law, the Company disclaims all liability with respect to your access of the Website and use of the Service pursuant to Your use as a Candidate.

Free Accounts. You may request a free account on the Website, which the Company may agree to provide at its sole discretion. A free account may or may not provide you with access to all functionalities of the Service. You may not have more than one free account at a time, and you may not serially sign up for free accounts to avoid paying for the Service. A free account is valid until 1) you close the account or 2) the Company terminates the account. The Company may at its sole discretion terminate any free account immediately, without prior notice or liability, for any reason.

The Company provides free accounts for use on an “as is” basis, without any warranties of any kind, express or implied, and to the fullest extent permitted under applicable law, the Company disclaims all liability with respect to your access of the Website and use of the Service pursuant to a free account.

Paid Accounts. Paid accounts for the Service are subscriptions. Paid accounts that have a monthly or yearly basis are valid for the duration of their time basis. Paid accounts that have a monthly or yearly basis renew automatically until 1) you stop paying the fees for the paid account or 2) the paid account is terminated in accordance with these Terms. Paid accounts that have a usage basis do not renew automatically and are valid until 1) one year after Your last payment or 2) the paid account is terminated in accordance with these Terms. There are different tiers of paid accounts available from the Company. More information regarding the account tiers and their pricing is available at https://entrevistame.com/. By entering your payment information, you authorize the Company to charge the amount of Your subscription to Your selected payment option in advance on a periodic or usage basis in accordance with the terms of the applicable payment plan until you terminate Your account.

All payments will be made in U.S. dollars and are non-refundable. Unless otherwise mutually agreed by you and the Company in writing, payment will be made by credit card through a third-party payment processor. You are responsible for providing current, valid credit card information during registration and at all times during the term. You may update the credit card information provided during registration at any time by logging onto the Website and updating the applicable information.

When You upgrade Your Service tier between tiers that have a time basis, you will be credited pro-rata for the remaining unused time on the original tier.

If you stop paying the fees for a paid account, the account will become a free account and will have more limited functionality than the paid account. Downgrading Your Service tier may cause the loss of certain features or capacity of the account; the Company does not accept any liability for such loss.

For any billing questions or disputes, please reach out to us directly at mailbox@entrevistame.com to work out resolution.

Functionality usage limits. All the accounts offered by the Company have corresponding usage limits for particular functionalities. An account that reaches a corresponding usage limit continues to be valid in accordance with these Terms. The limits for each account and their corresponding rules are available at https://entrevistame.com/.

Taxes. You are responsible for any duties, customs fees, or taxes (other than our income tax) associated with Your Service subscription (“Taxes”), including any related penalties or interest, and you will pay us for Your Service subscription without any reduction for Taxes. If we are obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. If you are required by law to withhold any Taxes from your payment to us, you must provide us with an official tax receipt or other appropriate documentation to support such payments.

Changes to Subscription Fees. We reserve the right to revise the fees we charge to subscribe to access the Website. If we do so, and you're currently subscribed to the Website, we'll do our best to provide you with written notice (which may be by email) at least thirty days prior to the change. Changes to fees only apply to subsequent payments.

6. Termination

We may terminate Your access to the Service:

a) immediately, without notice or liability, in the event the Company determines that Your use of the Service violates these Terms or the Company's intellectual property rights, or poses a threat to the functionality of the Service or to the security of data contained on or transmitted through the Service;

b) immediately, without notice or liability, with respect to any free accounts; or

c) without cause, with respect to any paid accounts, by giving notice that access will terminate at the end of the then-current period of paid-for Service.

Upon termination, Your right to use the Service will cease immediately.

If You no longer wish to use the Service, You are solely responsible for properly terminating Your Account. To terminate a free account, the User is to select "Close Free Account" in the Billing subsection of the Website. To terminate a subscription, the Subscriber is to select “Cancel Paid Plan” in the Billing subsection of the Website.

7. Acceptable Use

You may not sell, license, or transfer the Service, or reproductions of the Service to other parties in any way. You may not rebrand, modify or distribute the Service in any way (including, but not limited to, embedding the Service partly or in its entirety in another service or application by any means). You agree not to modify, copy, frame, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of content made available through the Website. You agree not to rent, lease, loan, sell, distribute or create derivative works based on the Website, in whole or in part, except that the foregoing does not apply to your own User Content that you legally uploaded to the Website.

You agree that you will not violate any laws or infringe or violate any intellectual property or other proprietary rights of any party when using our Website. You may not use the Service to infringe third party rights. This includes any local, provincial, state, federal, national, or international laws that may apply to you.

You agree not to distribute any virus or other harmful computer code through the Website. You also agree to not take any action that may impose an unreasonable or disproportionately large load on our or any of our third party provider's infrastructure. You agree to safeguard access credentials given to you and prevent unauthorized access to or use of the Service. You agree to promptly notify the Company of any unauthorized access, access attempts or use of the Service.

You agree not to bypass, circumvent, or attempt to bypass or circumvent, including by masking your IP address or using a proxy IP address, any measures we may use to prevent or restrict access to the Website, including without limitation other accounts, computer systems, or networks connected to the Website. You also agree not to obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

You agree not to automatically or manually “crawl,” “scrape,” or “spider” the Website, or engage in or use any data mining, robots or similar data gathering or extraction methods, or reverse engineer or attempt to obtain our source code or data.

You agree that you are solely responsible for ensuring that each candidate you screen using the Service is aware of and consents to these Terms of Service. This includes making the candidate aware that any information provided during the course of the screening will be stored by the Service and will be accessible by You after the conclusion of the screening.

8. Copyrights and Ownership

Ownership of the Service and all copies thereof remain with the Company. The Service is copyrighted and is protected by Mexico copyright laws and international treaty provisions. You will not remove copyright notices from the Service. You agree to prevent any unauthorized copying of the Service. Except as expressly provided herein, the Company does not grant any express or implied right to you under the Company's patents, copyrights, trademarks, or trade secret information.

If you provide us with any feedback (referred to as "Feedback") relating to the Service in its current or possible form, then 1) you represent and warrant that the Feedback does not infringe any third party rights, 2) you irrevocably assign the Company any right, title and interest you may have in such Feedback, 3) irrevocably waive any and all claims relating to any past, present or future intellectual property rights worldwide, and 4) you agree that that Feedback may be used by the Company to improve the Service or create aggregated statistical data in accordance with applicable laws and regulations.

You are solely responsible for any code, information, data, text, software or other materials (referred to as "User Content") that you upload to the Website. We do not own any User Content. You represent and warrant that you own all right, title and interest in and to the User Content. You agree that User Content is non-confidential. When you upload or otherwise provide us with User Content, you thereby grant the Company a wordwide, non-exclusive, paid-up, royalty-free, perpertual, irrevocable, sublicensable (directly or indirectly through multiple tiers), transferable and assignable license to modify, adapt, copy, distribute, upload, publish, display, perform and otherwise use the User Content, in any form, medium or technology now known or later developed, for any purpose without acknowledgement or compensation to you. You agree that the Company's rights with respect to User Content are unrestricted.

9. Assignment

This Agreement is personal to You. You shall not assign or otherwise transfer any rights or obligations under this Agreement.

The Company may assign or otherwise transfer some of its rights or obligations to a third party without prior notice.

10. "AS IS" and "AS AVAILABLE" Disclaimer

You agree and understand that the Service is a tool that assists you in screening candidates for employment and that the Company does not provide any guidance on suitability of such candidates for employment or any other type of engagement.

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

11. Limitation of Liability

You acknowledge that you use the Service at your own risk. You agree that your sole and exclusive remedy for any problems or dissatisfaction with the Service is to stop using the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages.

YOUR SOLE AND ALTERNATIVE REMEDY IF THE ABOVE STATED LIMITATIONS ARE FOUND TO FAIL OF THEIR ESSENTIAL PURPOSE SHALL BE PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED $100 (A HUNDRED UNITED STATES DOLLARS). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

12. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company and its Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Site; (ii) any User Content; (iii) your violation of any term of this Agreement; or (iv) your violation of any law, rule, or regulation, or the rights of any third party. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

13. Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

14. United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

15. Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. You agree that any claim You may have arising out of or related to Your relationship with the Company must be filed within one year after such claim arose; otherwise, Your claim is permanently barred.

16. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Jalisco, Mexico, as If performed wholly within the state and without giving effect to the principles of conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Guadalajara, Jalisco, and the parties hereby consent to personal jurisdiction and venue therein.

17. Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

18. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

19. Modification

We reserve the right, at Our sole discretion, to modify or replace this Agreement at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

20. Contact Us

If you have any questions about this Terms of Service, You can contact us: