1.1 These StartMonday Terms and Conditions (“Terms“) together with the [Acceptable Use Policy], set out the terms and conditions subject to which you may use the StartMonday mobile application software, and any updates and upgrades thereto (“Software“), unless those are specifically made available under separate terms, the data supplied with the Software, the associated media and online documents (“Documents“), (together: “StartMonday App“ or “App“), and the startmonday.com website (the “Websites“), offered to you by StartMonday B.V., registered at Zekeringstraat 33, Amsterdam 1014BV, The Netherlands (“Licensor“, “us“ or “we“).
1.2 PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING OR STREAMING THE STARTMONDAY APP. DOWNLOADING OR STREAMING THE STARTMONDAY APP MEANS THAT YOU ACCEPT THESE TERMS.
1.3 We license the use of the App to you on the basis of these Terms and subject to any rules or policies applied by any appstore provider or operator from whose site you download the App (Appstore). We do not sell the App or Documents to you. We remain the owners of the App at all times.
1.4 The App contains third party software which is governed by such third party’s license agreement and not by these Terms. We warrant that the use of the App in conformity with these Terms and the Acceptable Use Policy shall not interfere with the terms of such third party license agreements. DOWNLOADING OR STREAMING THE STARTMONDAY APP MEANS THAT YOU ACCEPT THESE THIRD PARTY TERMS. A list of the third party software and references to the applicable licenses is included herein as Annex [INCLUDE ANNEX].
1.5 We reserve the right to change these Terms at any time. If you are a registered user of the App, we will send you an email with details of the change or notifying you of a change when you next start the App. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Purpose of the App
2.1 The App allows prospective employers to upload job descriptions on the Apps job board and potential candidates to create and upload a 15-second video and contact details, to apply for such jobs (jointly, the “Purpose“). Prospective employers and potential candidates will hereinafter jointly be referred to as “Users“.
2.2 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
System requirements and security
3.1 To operate the App, a mobile, handheld, laptop or desktop device with internet access is required. For many of the App’s features, a front facing camera or web-cam is also required.
3.2 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new Terms.
3.3 You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned by you and to download or stream a copy of the App onto the Devices. You and/or the owner of the Device may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of these Terms and any Service on or in relation to any Device, whether or not it is owned by you.
3.4 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
3.5 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or the Acceptable Use Policy.
3.6 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org
Grant and scope of licence
4.1 License Grant. Subject to the terms and conditions herein, we grant you a limited, non-exclusive, right and license to:
a. install and/or stream the App for the Purpose on one or more Devices;
b. copy the App solely as necessary for backup or archival purposes; and
c. reproduce the Documentation in connection with your use for the Purpose. Except for the express license granted in this Section 4.1, no other licenses are granted by implication, estoppel or otherwise.
4.2 Waiver. You hereby waive any right you may have under any jurisdiction to reverse engineer the App or the Software provided therein, however, if European Community law is applicable, the restrictions in this Section are limited so that they prohibit such activity only to the maximum extent such activity may be prohibited without violating the EU Directive on the Legal Protection of Computer Programs. Notwithstanding the foregoing, prior to any such legally excused decompiling, disassembly or reverse engineering of the Software, you must first issue a written request to StartMonday for information or assistance and you shall refrain from decompiling, disassembling, or otherwise reverse engineering any of the Software unless StartMonday cannot, or fails, to comply with such request within a commercially reasonable period of time.
4.3 Restrictions on the license. You will not and will not permit third parties to:
a. modify, adapt, translate, copy, create derivative works from, disassemble, decode, reverse engineer, decompile or otherwise attempt to gain access to the source code, structure or proprietary algorithms of the Software, except as permitted by the inherent capabilities of the Software, and then only as necessary for the Purpose;
b. lease, loan, rent, resell, sublicense or distribute the App to any third party, or use the Software for the benefit of any third party;
c. modify or delete any copyright or proprietary notices or legends on or in the App;
d. use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App;
e. infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any User Content (defined in clause 5.4);
f. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
g. use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users; and
h. collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running any service.
4.4 U.S. Government End Users. The Software and Documentation qualify as “commercial items,” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R.12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, StartMonday will provide the Software and Documentation with only those rights set forth herein that apply to non-governmental customers. Use of the App, the Software and Documentation constitutes agreement by the government entity that the Software and Documentation is commercial, and constitutes acceptance of the rights and restrictions herein. Any software that is made available to the United States Government under these Terms is classified as “restricted computer software” as defined in clause 52.227-19 of the FAR.â€¨The United States Government’s rights to the software are as provided in clause 52.227-19 of the FAR.
Use of the Websites and the App
5.1 The use of our Website and App, including uploading content to the Website or the App and making contact with other users from the Website and/or the App, is subject to our [Acceptable Use Policy].
5.2 Any breach of the Terms or the Acceptable Use Policy may lead to immediate termination or suspension of your use of the App or the Websites. We will determine, in our discretion, whether there has been such a breach.
5.3 You warrant that any content uploaded by you complies with these Terms and the standards in the Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
5.5 Any User Content will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such User Content for any purpose.
5.6 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our [Acceptable Use Policy], or for any other reason.
5.7 The views expressed by other users on our site do not represent our views or values.
5.8 We may update our Website and App from time to time, and may change the content at any time. However, please note that even though we endeavour to keep the content of our Website up-to-date, any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
5.9 We do not guarantee that our Website or App, or any content on it, will be free from errors or omissions. We do not guarantee that our Website or App, or any content on it, will always be available or be uninterrupted.
Third Party Content and user Content
6.1 The App may contain links to third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
6.2 Users and third parties may upload content onto the App and the Website. We are not responsible for, and do not endorse, this content. If you have a complaint about certain content placed on our Website or App, please contact us at email@example.com, specifying the content your complaint regards, the nature of your complaint and your contact details.
7.2 By using the App or the Websites, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
7.3 By using the App or the Websites, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for services that are internet-based or wireless to improve our products and to provide any services to you.
7.4 Certain services we offer will make use of location data sent from the Device. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these services, you consent to us and our affiliates’ and licensees’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic based products and services. You may withdraw this consent at any time by turning off the location services settings on your Device.
Limited warranty [and support]
8.1 We warrant that:
a. the App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents; and
b. the Documents correctly describe the operation of the App in all material respects, for a period of 30 days from the date on which the App is downloaded or streamed to the Devices (Warranty Period).
8.2 If within the Warranty Period you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the Documents, notwithstanding your legal rights with respect to faulty software, our sole liability will be to refund any monies you paid to us.
8.3 If any modifications are made to the Software by you; if the App is subjected to accident, abuse, or improper use; or if you violate these Terms or the Acceptable Use Policy, then this warranty shall immediately terminate. This warranty shall not apply if the App or Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the App and the Software was intended to be used as described in the Documentation.
8.4 THIS IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE BY US OR OUR SUPPLIERS. WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SAFETY, TITLE AND NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF STARTMONDAY IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY.
Limitation of liability
9.1 IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF USE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, HOWEVER CAUSED, AND WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES.
9.2 WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.
9.3 IN NO EVENT SHALL OUR CUMULATIVE AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE, WEBSITE OR APP EXCEED (EUR) €2,000.
9.4 Nothing in these Terms shall limit or exclude our liability for:
a. death or personal injury resulting from our negligence;
b. fraud or fraudulent misrepresentation; and
c. any other liability that cannot be excluded under any applicable law.
10.1 We may terminate your use of the App immediately by written notice to you (including e-mail), and without being liable for any damages resulting from the termination, if:
a. you commit a material or persistent breach of these Terms which you fail to remedy (if remediable);
b. we decide to discontinue the App or Website and remove the App from all Devices; and
c. for any reason part or all of the Apps or Website become unlawful.
10.2 On termination for any reason:
a. all rights granted to you under these Terms shall cease;
b. you must immediately cease all activities authorised under these Terms, including your use of any Services;
c. you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control;
d. we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services and the Appstore.
11.1 If you wish to contact us in writing, or if any condition subject to these Terms requires you to give us notice in writing, you can send this to us by e-mail at firstname.lastname@example.org or by prepaid post to StartMonday B.V. at Zekeringstraat 33, Amsterdam 1014BV, The Netherlands. We will confirm receipt of this by contacting you in writing, normally by e-mail.
11.2. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.
Events outside our control
12.1 We will not be liable under these Terms on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond our control and without negligence (Event Outside Our Control). Such events, occurrences, or causes will include, without limitation, acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions, but the inability to meet financial obligations is expressly excluded.
12.2. You are aware that the App is connected with or wholly or partially based on a portfolio of third party technology products, industry standards and/or official standards such as HTML and for example internet related aspects as bandwidth, firewalls, cpu/computer processor units etc. which is ever changing or may be even be succeeded by yet unknown new products or techniques. Therefore performance interruptions or incompatibilities due to such cause(s) are excluded from any liability of StartMonday to you or any of its affiliates and are a form of force majeure.
12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms: a. our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and b. we will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Event Outside Our Control.
Other important terms
13.1 Any words following the terms “including”, “include”, “in particular” or “for example” or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
13.2 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
13.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.4 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
13.5 These Terms, its subject matter and its formation, are governed by Dutch law. If you are a business, any dispute arising out of these Terms or your use of the App will be brought exclusively before the court in Amsterdam.