This User Agreement ("Agreement") is a legally binding contract between you ("User", "you") and Rocco Technologies Inc. ("we", "us", "our"), the provider of the Rocco AI resume analysis tool (the "Service"). By accessing, registering for, or using the Service, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, including our Privacy Policy, which is incorporated herein by reference. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to this Agreement, and "you" shall refer to such organization.
Rocco is an AI-powered software service designed to assist human resources professionals and organizations ("HR Users") in streamlining the recruitment process. The Service includes, but is not limited to:
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, including the addition or removal of features.
2.1 To use the Service, you must be at least 18 years of age and have the legal capacity to enter into this Agreement under the laws of Canada.
2.2 If registering an account, you agree to provide accurate, current, and complete information during the registration process and to update such information to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
2.3 We reserve the right to refuse service, terminate accounts, or cancel access to the Service at our sole discretion, including if we believe you have violated this Agreement or applicable laws.
3.1 You agree to use the Service solely for legitimate business purposes related to your organization's recruitment activities, in compliance with all applicable laws, including but not limited to Canadian federal, provincial, and territorial laws, such as the Personal Information Protection and Electronic Documents Act (PIPEDA), Canadian Human Rights Act, and applicable privacy laws in the provinces and territories where you operate.
3.2 You shall not:
4.1 All intellectual property rights in and to the Service, including but not limited to software, algorithms, user interfaces, text, graphics, logos, trademarks, service marks, and any content generated by the Service (excluding user-provided data), are owned by us or our licensors. This Agreement does not grant you any ownership rights in the Service or any intellectual property therein.
4.2 We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes, in accordance with this Agreement.
4.3 You retain all rights to the resumes, candidate data, and other information you upload to the Service ("User Data"). However, by uploading User Data, you grant us a worldwide, non-exclusive, royalty-free license to process, store, and use such User Data solely to provide the Service to you, improve the Service, and develop new features, provided that such use does not identify you or your candidates personally.
5.1 We collect, use, and disclose personal information in accordance with our Privacy Policy and applicable Canadian privacy laws, including PIPEDA and provincial privacy legislation such as Quebec's Act Respecting the Protection of Personal Information in the Private Sector.
5.2 You acknowledge that you are responsible for obtaining all necessary consents from candidates for the collection, use, and disclosure of their personal information through the Service, as required by applicable privacy laws.
5.3 We implement reasonable technical, administrative, and physical safeguards to protect User Data from unauthorized access, use, or disclosure. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
5.4 Upon termination of this Agreement, we will retain User Data for a period of 30 days to allow you to retrieve it, after which we will delete or anonymize such data in accordance with our data retention policies and applicable laws.
6.1 Certain premium features of the Service may be accessible only through the purchase of Tokens. All Token purchases are final and non-refundable, except as required by applicable Canadian consumer protection laws, such as the Consumer Protection Act in applicable provinces.
6.2 Tokens are virtual currency with no monetary value and are not redeemable for cash. Tokens are non-transferable, non-assignable, and cannot be exchanged between accounts.
6.3 We reserve the right to modify the price of Tokens, the features and services available for Token redemption, and the terms governing Token use at any time, with reasonable notice to users. Such modifications will not affect Tokens already purchased prior to the notice of modification.
6.4 Tokens expire 12 months from the date of purchase, unless otherwise specified at the time of purchase.
6.5 All payments for Tokens must be made through our designated payment processors. You agree to comply with the terms and conditions of such payment processors.
7.1 THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR NONINFRINGEMENT.
7.2 WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE RESULTS OBTAINED FROM USE OF THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR HUMAN JUDGMENT IN RECRUITMENT DECISIONS.
7.3 NOTHING IN THIS AGREEMENT SHALL OPERATE TO EXCLUDE OR LIMIT OUR LIABILITY FOR DAMAGES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE CANADIAN LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FOR PERSONAL INJURY OR DEATH RESULTING FROM OUR NEGLIGENCE.
8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE CANADIAN LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12-MONTH PERIOD PRECEDING THE CLAIM.
8.3 THIS SECTION 8 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of this Agreement; (c) your violation of any applicable laws or regulations; (d) your User Data; or (e) your infringement of any third-party rights, including intellectual property rights and privacy rights.
10.1 This Agreement shall commence on the date you first access the Service and shall continue in effect until terminated in accordance with this section.
10.2 You may terminate this Agreement at any time by discontinuing use of the Service and deleting your account. Termination will not affect any rights or obligations accrued prior to termination.
10.3 We may terminate this Agreement immediately, with or without notice, if: (a) you breach any term of this Agreement; (b) you engage in any conduct that we, in our sole discretion, deem harmful to our interests; (c) we discontinue the Service; or (d) required by applicable law.
10.4 Upon termination, all licenses granted to you under this Agreement shall immediately cease, and you shall cease all use of the Service. Sections 4, 5, 7, 8, 9, 10.4, 11, 12, 13, and 14 shall survive termination of this Agreement.
We may modify this Agreement from time to time. We will provide notice of material modifications by posting the revised Agreement on the Service and indicating the effective date. Material modifications will take effect 30 days after such notice, unless a shorter period is required by law. Your continued use of the Service after the effective date of the modified Agreement constitutes your acceptance of the modified terms. If you do not agree to the modified terms, you must terminate your use of the Service.
12.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles.
12.2 Any dispute, controversy, or claim arising out of or relating to this Agreement or the Service shall first be attempted to be resolved through good-faith negotiation between the parties within 30 days of written notice of the dispute.
12.3 If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to the exclusive jurisdiction of the courts of the Province of Ontario, Canada. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.
12.4 Nothing in this section shall prevent either party from seeking interim injunctive relief from any court of competent jurisdiction to protect its rights pending resolution of the dispute.
If you have any questions, concerns, or requests regarding this Agreement, the Service, or our Privacy Policy, please contact us at: hrtoolscenter@outlook.com
You may also contact us by mail at: Rocco Technologies Inc., 123 Business Ave, Toronto, Ontario, M5V 2T7, Canada
14.1 This Agreement constitutes the entire agreement between you and us with respect to the Service and supersedes all prior or contemporaneous agreements, understandings, or representations, whether oral or written.
14.2 If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
14.3 No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any provision of this Agreement shall not constitute a waiver of such provision.
14.4 You may not assign this Agreement or any of your rights or obligations hereunder without our prior written consent. We may assign this Agreement without your consent to a successor in interest to our business or assets related to the Service.
14.5 This Agreement is binding upon and inures to the benefit of the parties hereto and their respective successors and permitted assigns.
By using the Rocco Service, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, effective as of the date of your first use of the Service.