By continuing to use these Website and Service provided, you agree to abide by these Terms.
XOR Inc. (EIN 81-4126129) is located at: 1161 Mission Street, San Francisco, CA 94103
These Terms constitute a binding agreement between you and the Company, and are deemed accepted by you each time that you use or access the Website or Service. Do not use the Website or Service if you do not accept the Terms stated here.
XOR provides the use of conversational bots (the “XORbots”) that are accessible via the Website and through certain third-party messaging applications such as Facebook Messenger, Viber and Telegram (“Third-party Messaging Apps”). The XORbots are designed to pre-screen, select, engage and connect Clients with Applicants and may be subject to additional terms, including payment terms. Applicants and Clients, together or individually, are sometimes referred to as “Users”. Company may select, or remove, which Third-party Messaging Apps it uses in connection with XORbots at any time in its sole discretion.
The "Service" includes all services made available through the Website and the XORbots, wherever accessed, and includes all software, data, the Database (defined below), reports, text, images, sounds, video, and content made available through any of the foregoing (collectively, the "Content. The “Database” is a list of information about the Applicants and Clients, structured and provided by the Company in accordance with the algorithms used by Company for indexing and retrieval of information.
These Terms are effective from May 24, 2018.
Changes to these Terms & COS
We can change these Terms at any time by updating this page. If we make any material or substantive changes in the way that we regulate the use of this Website and Services, we will post a clear and conspicuous notice of those changes in these Terms.
It is recommended to check this page from time to time, referring to the date of the last modification listed at the top, to ensure that you accept any changes.
Access and Use of the Website, Content, and Service
The Website, Content, and Service are protected under copyright, trademark, and other laws. Unless otherwise stated, the Website, Content, and Service are the exclusive property of the Company and/or its licensors, and all intellectual property rights related thereto are reserved. XOR authorizes you, subject to these Terms, to access and use the Website, Content, and Service and to print pages from the Website for your own personal, non-commercial use. Unauthorized or unlawful use of the Website, Content or Service may violate these laws, and is strictly prohibited.
You agree to not:
Sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Website, Content, or Service available to any third party;
Reproduce, aggregate, duplicate or copy material from the Website, Content, or Service, other than as permitted by these Terms;
Redistribute material from the Website, Content, or Service, unless such content is specifically made for such redistribution;
Use the Website, Content or Service for any unlawful purpose or any illegal activity (including without limitation in violation of any data, privacy or export control laws), or post or submit any content that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by XOR’s discretion;
Use the Website, Content, or Service in any manner that interferes with or disrupts the integrity or performance of the Website, Content, or Service or its components;
Cause, promote or assist any illegal or unauthorized copying of another person's copyrighted work;
Modify, adapt or hack the Website, Content, or Service to, or otherwise attempt to gain unauthorized access to the Website, Content, or Service or any related systems or networks; or
You hereby consent to receive text messages (SMS), other messages via your accounts on Third-party Messaging Apps, as well as calls and emails from Clients (if you are an Applicant) and from Applicants (if you are a Client) in connection with and through the Services at such phone numbers, email addresses, and other contact information you provide through or in connection with Services or Website. You agree that you are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Website, Content, or Service, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long distance and local telephone service (collectively, "Equipment"). You shall be responsible for ensuring that such Equipment is compatible with the Website, Content, or Service (and, to the extent applicable, the Software, as defined below) and complies with all configurations and specifications set forth in the Company’s published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your account or the Equipment with or without your knowledge or consent.
Any software that may be made available by the Company in connection with the Service or Content, including the XORbots, (hereinafter “Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. The Company hereby grants you a non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of the Company or any third party is granted to you in connection with the Service.
XOR does not filter, edit, publish or review User Content prior to its presence on the Website or Service. User Content does not reflect the views and opinions of XOR, its agents and/or affiliates. User Content reflects the views and opinions of the person who posts such User Content. To the extent permitted by applicable laws, XOR shall not be liable for the User Content or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the User Content on the Website.
Although all technical and organizational measures have been taken, you understand that some operations of the Website, Content, or Service, including User Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to the Company’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Website, Content, or Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of any User Content that you post. Company will have no liability to you for any unauthorized access or use of any User Content, or any corruption, deletion, destruction or loss of any of User Content.
XOR reserves the right to refuse to accept, post, display or transmit any User Content, or to remove any User Content, in its sole discretion. unless a data subject under GDPR has requested restriction of processing of personal data in the following cases:
the accuracy of the personal data is contested by the data subject, for a period enabling the Company to verify the accuracy of the personal data;
the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
the Company no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
the data subject has objected to processing, pending the verification whether the legitimate grounds of the Company override those of the data subject.
Where processing has been restricted as described above, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the EU or of an EU Member State. A data subject who has obtained restriction of processing shall be informed by the Company before the restriction of processing is lifted.
You warrant and represent that:
You are entitled to post any User Content that you post on our Website and have all necessary licenses and consents to do so;
Any User Content that you post does not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
Any User Content that you post does not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy;
Any User Content that you post will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. We reserve the right to access your account in order to respond to your requests for technical support. Subject to the Terms hereof, we may (but have no obligation to) provide technical support services, through email in accordance with our standard practice.
The following organizations may link to our Website without prior written approval:
Online directory distributors when they list us in the directory may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
Systemwide Accredited Businesses, except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
Hyperlinking to our Website, Service or Content
XOR offers an AI recruitment messaging platform that enables you to communicate with XOR via mobile technology. By opting-in, you agree to receive recurring, autodialed or prerecorded mobile messages at the phone number associated with your opt-in. You acknowledge that, depending on your interactions with a person or organization via the Platform, you may receive general inquiries and frequent messaging may occur. Without limitation, you may receive messages regarding the following: open positions, updates from recruiters, upcoming events, hiring process updates, and direct (automated or unique) messages from recruiters using the Platform.
You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at email@example.com.
Carriers are not liable for delayed or undelivered messages
As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive . If you have any questions about your text plan or data plan, it is best to contact your wireless provider
Without prior approval and written permission, you may not create frames around our Web pages that alter in any way the visual presentation or appearance of our Website.
For third parties that link to our Website, we shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request.
We also reserve the right in its sole discretion to restrict, suspend, or terminate a User’s access to all or any part of the Website or the Content or Service at any time and for any reason without prior notice or liability. Data subjects’ rights under GDPR remain intact.
However, all accrued rights to payment and the terms and conditions of this document shall survive termination of these Terms.
Cost of Services
There is a cost to use the Service for Clients. Please see Website for additional information and payment terms and conditions.
Generally, we charge Clients based on the number of Applicant’s interviewed per month by XOR. Applicants may use the Website, apps and the Service for free. Costs and pricing are subject to change at any time without notice in Company’s sole discretion.
There may also be additional charges for additional administrator seats for Clients.
Payments can be made via bank transfer or e-payment. A valid credit card, debit card or bank account is required for paying accounts. Free accounts are not required to provide a credit card number.
The unit of account of the "Cost of Service" is the information about 1 (one) month of the Client usage the Website or through the XOR applications. The Company does not account the information about professional experience posted by the Applicant.
The Company accounts the number and Cost of Service provided to the Client in the "Reporting Period" - 1 (one) calendar month.
Cost of Service depends on the selected plan level per month, and depends on the number of candidates for your vacancies, that were pre-screened through XOR system. More information can be found at https://xor.ai/Pricing, and before we start work, we create a sales quote for you.
We reserve the right at any time to change the Cost of Service and Reporting Period without prior notice or liability. Current terms of the Cost of Service are also specified on the certain Pricing page of our Website at https://xor.ai/Pricing.
The Company can provide discounts according to the internal politics of the Company.
Payments can be made via bank transfer or e-payment.
Payment, Upgrading, and Downgrading
A valid credit card, debit card or bank account is required for paying accounts. Free accounts are not required to provide a credit card number
User Representations and Warranties
You represent and warrant to the Company that:
you have full power and authority to enter into these Terms;
you own all your User Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow the Company to perform its actions and obligations) in connection with the Service without obtaining any further releases or consents;
your User Content and other activities in connection with the Website, Content, or Service, and the Company’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does your User Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and
you are eighteen (18) years of age or older.
These Terms shall be governed by the laws of Delaware without regard to the principles of conflicts of law. Unless otherwise elected by Company in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Wilmington, State of Delaware.
All processes, related to data subjects’ personal data under GDPR processing, shall be governed by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data, and Repealing Directive 95/46/EC (General Data Protection Regulation).
YOU ALSO HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, CONTENT, OR SERVICES OR THESE TERMS.
Disclaimer of Warranties
XOR disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the Website and Service or otherwise made available on the Website or Service by XOR or third parties (including Content and User Content), regardless of whether paid for or used for free. XOR disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails or material (including Content and User Content). XOR further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on or through the Website, Content, or Service. Under no circumstances shall XOR be liable to you or any third party on account of your use or misuse of or reliance on the Website, Content, or Service. Additionally, under no circumstances shall XOR be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from XOR’s Website.
XOR further disclaims all liability for any technical malfunction of the Website or Service (including Software), including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery, account login, or any other functions or services provided by XOR as a result of technical problems or traffic congestion on the Internet or any third party website or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any content in connection with the Website or Service. Under no circumstances will XOR be responsible for any loss or damage to any content or personal injury or death resulting from anyone’s use of the Website, Content, Service, User Content, or third party applications, websites, software or content posted on or through the Website, Content, or Service, or transmitted to Users, or any interactions involving Users of the Website or Services, whether online or offline.
THE WEBSITE, CONTENT, AND SERVICE, AND ALL MATERIALS, INFORMATION, ADVICE, USER CONTENT, SOFTWARE, PRODUCTS AND SERVICE AVAILABLE ON OR THROUGH THE WEBSITE OR SERVICE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. XOR AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. XOR AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEBSITE, CONTENT AND SERVICE, AND ALL MATERIALS, INFORMATION, ADVICE, USER CONTENT, SOFTWARE, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, CONTENT AND SERVICE. XOR AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, CONTENT AND SERVICE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY XOR.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE, CONTENT OR SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL XOR OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE WEBSITE, CONTENT OR SERVICE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF XOR OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, CONTENT OR SERVICE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE WEBSITE OR THROUGH THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR SERVICE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE WEBSITE OR SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE OR SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF XOR AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID XOR TO USE THE WEBSITE OR SERVICE.
Without limiting the foregoing, under no circumstances shall XOR or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
You shall defend, indemnify, and hold XOR harmless from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these Terms, any of your User Content, or your other access, contribution to, use or misuse of the Content, Service or Website. XOR shall provide notice to you of any such claim, suit or demand. XOR reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the Company’s defense of such matter.
Claims of Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by XOR infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A):
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works);
identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow XOR to locate the material on the site;
the name, address, telephone number, and email address (if available) of the complaining party;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send XOR a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
Notices and counter-notices with respect to the Website, Content, or Service should be mailed to
XOR Inc. 540 Howard Street, 2nd Floor #11, San Francisco, CA 94105 or emailed to firstname.lastname@example.org
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
Both parties agree that these Terms and any additional Terms as applicable, are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Company in any respect whatsoever.
All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
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