Terms of Service

Welcome to the Terms of Service (these “Terms”) for the website, https://www.jobnimbus.com (the “Website”), on behalf of JobNimbus (“Company”, “we” or “us”). The Website and any content, tools, features, and functionality offered on or through our Website, desktop app, or mobile app are collectively referred to as the “Services”. These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services. For the purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity, then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

Section 8 contains an arbitration clauseand class action waiver. By agreeing tothese Terms, you agree (a) to resolve alldisputes (with limited exception) related tothe Company’s Services AND/or products through binding individual arbitration,which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions, asset forth below. You have the right to optout of the arbitration clause and the class action waiver, as explained in Section 8.

1. Who May Use the Services

You must be 18 years of age or older and reside in Canada, the United States or any ofits territories to use the Services. By using the Services, you represent and warrant thatyou meet these requirements.

2. User Accounts, Subscriptions, and free trials

2.1. Creating and Safe guardingYour Account

To use the Services, you need to create an account or link another account, such as your Apple, Facebook, or Google account (“Account”). You agree to provide us with accurate, complete, and updated information for your Account. You can access, edit, and update your Account via the JobNimbus web application. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at support@jobnimbus.com if you know or have any reason to suspect that your Account or password has been stolen, misappropriated, or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create any Account if we have previously removed you or we previously banned you from any of our Services unless we provide written consent otherwise

2.2. Subscription Payment

If you buy or subscribe to any of our paid Services, you agree to pay us the applicable fees and taxes in U.S. Dollars. Failure to pay these fees and taxes will result in the termination of your access to the paid Services. You agree that (a) if you purchase a recurring subscription to any of the Services, our PCI-DSS compliant payment processor may store and continue billing your payment method (e.g., credit card) to avoid interruption of such Services, and (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. We reserve the right to change our subscription plans or adjust pricing for the Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or changes to your subscription plan will take effect following reasonable notice to you via email. All subscriptions are payable in accordance with payment terms within the app in effect at the time the subscription becomes payable. Payment can be made by credit card, debit card, or other means that we may make available. Subscriptions will not be processed until payment has been received in full, and any holds on your account by any other payment processor are solely your responsibility

2.3. Subscription Renewals and Cancellations

You agree that if you purchase a subscription, your subscription will automatically renew at the subscription period frequency referenced on your subscription page (or if not designated, then monthly) and at the then-current rates, and your payment method will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period. To avoid future subscription charges, you may cancel your subscription to the Services at any time by visiting your billing page and clicking “change subscription.” All cancellations require a 14-day notice prior to cancellation taking effect.

2.4. No Subscription Refunds

Except as expressly set forth in these Terms, payments for any subscriptions to the Services are nonrefundable, and there are no credits for partially used periods. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made

2.5. Free Trials

You can sign up for a trial Account for the paid portion of the Services, and your trial period starts on the day you create the trial Account and lasts for the duration indicated on your free trial confirmation email (or, if not specified, then 14 days). If you are on a trial, you may cancel at any time until the last day of your trial by following the cancellation procedures outlined in Section 2.2 above. If you do not cancel your trial Account at the end of your free trial period, and we have notified you that your Account will be converted to a paid subscription at the end of the free trial period, you authorize us to charge your credit card or other designated billing method for continued use of the paid Services. You may, however, then cancel your subscription in accordance with Section 2.3 of these Terms. If you cancel your trial Account or decide not to purchase a paid version of the Services at the end of your trial period, your content or data associated with your trial Account will no longer be available to you, and the Company may delete or remove any such content or data.

3. Location of Our Privacy Policy

3.1. Privacy Policy

Our Privacy Policy describes how we handle information, including personal information, that you provide or otherwise make available to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy.

4. Rights We Grant You

4.1. Right to Use Services

We hereby permit you to use the Services for your own internal business purposes only, provided that you comply with these Terms in connection with all such use. If any software, content, or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you a personal, non-assignable, nonsublicensable, non-transferrable, and nonexclusive right and license to access and display such software, content, and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access to and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service, or other actions that Company, in its sole discretion, may elect to take.

4.2. Restrictions On Your Useof the Services

You may not do any of the following inconnection with your use of the Servicesunless applicable laws or regulations prohibitthese restrictions or you have our writtenpermission to do so:

1. download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license,create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;
2. duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
3. use, reproduce, or remove any copyright, trade mark,service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
4. use cheats, automation software (bots), hacks, modifications (mods), or any other unauthorizedthird-party software designed to modify the Services;
5. exploit the Services for any commercial purpose,including, without limitation, communicating orfacilitating any commercial advertisement or solicitation;
6. access or use the Services in any manner that coulddisable, overburden, damage, disrupt, or impair the Services or interfere with any other party’s access toor use of the Services or use any device, software,or routine that causes the same;
7. attempt to gain unauthorized access to, interfere with, damage, or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
8. circumvent, remove, alter, deactivate, degrade, orthwart any technological measure or content protections of the Services;
9. use any robot, spider, crawler, scraper, or other automatic device, process, software, or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy, or collect information or data from or through the Services, or engage in any manual process to do the same;
10. introduce any viruses, trojan horses, worms, logicbombs, or other materials that are malicious ortechnologically harmful into our systems;
11. submit, transmit, display, perform, post, or store anycontent that is unlawful, defamatory, obscene,excessively violent, pornographic, invasive of privacy or publicity rights, harassing, abusive,hateful, or cruel, or otherwise use the Services in amanner that is obscene, excessively violent,harassing, hateful, cruel, abusive, pornographic,inciting, organizing, promoting or facilitating violence or criminal activities;
12. violate any applicable law or regulation inconnection with your access to or use of the Services; or
13. access or use the Services in any way not expressly permitted by these Terms; or
14. facilitate or permit any third party to do any of the foregoing.

4.3. SMS Communications

Upon messaging opt-in, the end user agreesto receive messages from JobNimbusregarding their account updates, servicenotifications, and support. End users canopt-out by replying STOP or request moreinformation by replying HELP. Messagefrequency varies. Message and data ratesmay apply. You may review our PrivacyPolicy to learn how your data is used.

5. Confidentiality, Ownership, and Content

5.1. Confidential Information

In connection with the Services, you may receive or have access to confidential or proprietary information relating to JobNimbus and/or its affiliates and licensors, including software, content, text, graphics, data, pricing, and any other nonpublic information or material regarding our legal or business affairs, customers, properties, or pricing, and any other information that a reasonable person would understand to be confidential given the circumstances and content of the disclosure, whether or not designated as “confidential” or “proprietary” (collectively, “Confidential Information”). You agree to keep our Confidential Information confidential and to take all steps necessary to prevent Confidential Information from being disclosed to or obtained by any person or entity for any purpose except as described in these Terms. You agree that you are responsible for any breach of this Section 5.1 by your employees, agents, and representatives.

5.2. Ownership of the Services

The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information, and other materials, are protected under copyright, trademark, and other intellectual property laws. You agree that the Company and/or its licensors own all right, title, and interest in and to the Services (including any and all intellectual property rights therein), and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works.

5.3. Ownership of Trademarks

The Company’s name, as well as the Company’s logo and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs, and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

5.4. Ownership of Feedback

We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign and transfer to the Company any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, and any and all other intellectual property right) that you may have in and to any and all Feedback, and hereby irrevocably waive all rights which cannot be assigned, including moral rights.

5.5. Your Content License Grant

In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (“Your Content”). In order to operate the Service, we must obtain from you certain license rights in Your Content so that actions we take in operating the Service are not considered legal violations. Accordingly, by using the Service and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content but solely as required to be able to operate and provide the Services. You agree that these rights and licenses are royalty-free, transferable, sub-licensable, worldwide, and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. As part of the foregoing license grant, you agree that the other users of the Services shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify, or include a copy of Your Content as part of their own use of the Services; except that the foregoing shall not apply to any of Your Content that you post privately for nonpublic display on the Services. To the fullest extent permitted by applicable law, the Company reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.

5.6. Data

You shall own all right, title, and interest in and to any data you transfer to the Company for input into the Website (“Data”), and shall at all times have sole responsibility for the legality, reliability, integrity, accuracy, and quality of Data and for ensuring that its use does not infringe the rights of any third parties. You hereby grant us a non-exclusive, worldwide, irrevocable, perpetual, and royalty-free license to reproduce, adapt, distribute, display, publicly perform, create derivative works, and use Data. You acknowledge that any derivative works created based on Data shall be the sole and exclusive property of the Company.

6. Third-PartyServices and Materials

6.1. Use of Third-PartyMaterials in the Services

Certain Services may display, include, or make available content, data, information, applications, or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability,