These Terms of Service ("Terms") are an agreement between you and Our Appologies LLC, a Delaware limited liability company ("Haliscope," "we," "our," "us"). They govern your use of the Haliscope web application (the "App") and our website at haliscope.com (the "Website"; together with the App, the "Services").
By creating an account, purchasing a report or otherwise using the Services, you agree to these Terms. Our Privacy Policy explains how we collect and use your Personal Data; please read it too. Capitalized terms not defined in these Terms have the meaning given to them in the Privacy Policy. If you do not agree to these Terms, do not use the Services.
1. Who These Terms Apply To
These Terms apply to everyone who uses the Services, including:
- "Site Visitors," who browse the Website; and
- "Users," who create an account ("Account") to use the App.
Site Visitors do not need an Account. Users provide information to the Services, including answers to the assessment and any résumé they upload ("User Information").
2. Eligibility
You may use the Services only if you are at least 18 years old and able to enter into a binding contract. You may not use the Services if you are located in a country subject to comprehensive U.S. sanctions or are on a U.S. government list of restricted parties.
3. Your Account
a) Registration and Security
You agree to give us accurate and complete information and to keep it up to date. We sign you in by sending a one-time code to your email address, so you are responsible for keeping control of that email account. You are responsible for activity under your Account, and we may treat communications we receive through your Account as coming from you. Your Account is personal to you and may not be sold or transferred. We may close an Account if we reasonably believe its holder is under 18.
b) Unauthorized Use
Tell us at help@haliscope.com as soon as you learn of any unauthorized use of your Account. We may ask for information to confirm your identity. We are not liable for losses caused by someone else using your Account, except to the extent the loss results from our breach of these Terms or our negligence. You are liable for losses we or others suffer because someone used your Account with your permission or because you did not keep your sign-in email secure.
4. License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Services for your own personal, non-commercial purposes. We may revoke this license if you breach these Terms.
5. Acceptable Use Policy
You agree to follow these rules when using the Services (the "Acceptable Use Policy").
Disruption of the Services
You may not:
- access, tamper with or use non-public areas of the Services, our computer systems or our service providers' systems;
- probe, scan or test the vulnerability of any system or network, or get around any security measure;
- access or search the Services by any means other than our publicly supported interfaces, including by scraping;
- interfere with or disrupt our infrastructure or any user's access, including by sending viruses, overloading, flooding or spamming the Services, or by scripting the creation of User Information; or
- prompt or otherwise try to make the artificial intelligence (AI) used in the Services act in a way that breaks these Terms or gets around its safety features.
Misuse of the Services
You may not use the Services to carry out, promote or support:
- disinformation, deception or fraud;
- impersonating another person or entity, or misrepresenting an affiliation with one, including spoofing and phishing;
- defamation, threats, hate speech, harassment or stalking;
- breaking any law or violating the rights of others, including unlawful tracking or monitoring and sharing another person's confidential information or Personal Data without their permission;
- harm to or abuse of a minor;
- unsolicited communications, promotions, advertisements or spam;
- malicious content;
- promoting or advertising products or services without authorization; or
- developing a service that competes with Haliscope.
User Information
You may not submit User Information that:
- is deceptive, fraudulent, illegal, obscene, defamatory, threatening or pornographic;
- contains Personal Data about another person that you do not have the right to share;
- contains viruses, bots, worms or similar harmful material;
- you do not have the right to share under law or any contractual or fiduciary duty; or
- could otherwise harm Haliscope or any third party.
Violations
If we reasonably believe you have broken this Acceptable Use Policy, we may suspend or end your access to the Services under Section 13.
6. Proprietary Rights
Except for Your Content and Your Report (described in Section 7), Haliscope and its licensors own all rights, including intellectual property rights, in the Services. This includes our software, assessment questions, methods, report templates, occupation data and the text and design of the Website and App. You agree to respect all copyright and other notices in the Services.
7. Your Content and Your Report
Your Content. You keep ownership of the answers, résumé and other information you submit ("Your Content"). You grant Haliscope a worldwide, non-exclusive, royalty-free license to host, store, copy, process and use Your Content only to (a) provide the Services to you, including generating your report; (b) create aggregated, de-identified statistics as described in our Privacy Policy; and (c) comply with the law. This license ends when Your Content is deleted, except for aggregated, de-identified statistics, which no longer identify you.
Your Report. Once you have paid for it, you own the report generated for you ("Your Report") and may use, copy and share it as you wish. Your Report may include material that Haliscope owns, such as standard descriptions, occupation data and formatting. We grant you a perpetual, worldwide, royalty-free license to use that material as part of Your Report. Other users may receive reports with similar content, and your ownership does not extend to that similar content.
Accuracy. You confirm that you have the right to submit Your Content and that it is accurate to the best of your knowledge. Your report depends on the answers you give.
8. Purchases
Users may purchase a report through the App. Payment is processed by Stripe, Inc. ("Stripe"). By purchasing, you agree that:
- the price is shown in U.S. dollars at checkout before you pay;
- a purchase is a one-time payment, not a subscription, and nothing renews or is charged again unless you make a new purchase;
- you authorize us, through Stripe, to charge the payment method you provide for the price shown; and
- promotional discounts apply only for the period and on the terms stated.
You confirm that you have the right to use the payment method you provide and that the payment information you give is accurate. We share payment information with Stripe only to complete your purchase.
Order Cancellation by Haliscope
We may refuse or cancel an order if the Services are unavailable, if there is an error in the order or price, or if we suspect fraud or an unauthorized transaction. If we cancel an order after you have paid, we will refund you in full.
9. Refunds
Money-back guarantee. If your report didn't meet your expectations, email help@haliscope.com and tell us what fell short, and we'll refund you in full. Refunds are limited to one per customer and are returned to your original payment method through Stripe.
Your legal rights. If you live in the European Economic Area, the United Kingdom or Switzerland, you may cancel your purchase for any reason within 14 days of the purchase date and receive a full refund. To cancel, email help@haliscope.com with your account email address and a statement that you wish to cancel. We will refund you within 14 days of receiving your request. Nothing in these Terms limits any other right to a refund, repair or remedy that you have under consumer law where you live and that cannot be waived by contract.
Payment processing. Payments are processed under Stripe's own terms and privacy policy, available at stripe.com/legal. We are not responsible for errors caused by Stripe or your bank, but we will help you resolve them.
10. Disclaimers and Limitation of Liability
Haliscope provides career insight, not professional advice. The Services are not career counseling, legal, financial, medical, therapy, coaching or any other service that requires a license. Your report is written with the help of artificial intelligence (AI) from the answers you give, and it may contain errors or omissions. It is not a guarantee of any career, job or outcome, and you should use your own judgment before acting on it.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INFORMATION AND REPORTS PROVIDED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, HALISCOPE AND ITS AFFILIATES, LICENSORS, VENDORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, USE OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) US $100.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Some jurisdictions do not allow certain warranties to be excluded or certain damages to be limited, so some of the limits above may not apply to you. If you are a consumer in the EEA or UK, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill.
11. Indemnification
TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HALISCOPE AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM THIRD-PARTY CLAIMS, AND RELATED LOSSES AND REASONABLE LEGAL FEES, ARISING FROM (A) YOUR BREACH OF THESE TERMS, (B) YOUR VIOLATION OF ANY LAW, OR (C) YOUR CONTENT INFRINGING OR VIOLATING ANYONE ELSE'S RIGHTS. WE WILL NOTIFY YOU OF ANY SUCH CLAIM, AND WE MAY CHOOSE TO CONTROL THE DEFENSE, IN WHICH CASE YOU WILL COOPERATE WITH US. THIS SECTION DOES NOT APPLY TO CONSUMERS IN JURISDICTIONS WHERE SUCH OBLIGATIONS ARE NOT PERMITTED.
12. Third-Party Services and Links
The Services rely on, and may link to, services run by third parties, including Stripe for payments. We are not responsible for third-party websites or services, their content, their availability or their data practices. Your use of them is governed by their own terms and privacy policies. This does not limit our responsibility for the service providers that process Personal Data on our behalf, which our Privacy Policy describes.
13. Termination
By you. You may stop using the Services at any time. To close your Account and delete your data, email help@haliscope.com. We will complete your request within 30 days, as described in our Privacy Policy.
By us. We may suspend or end your access to the Services if you materially breach these Terms, if the law requires it, or if we stop offering the Services. Where reasonably possible, we will tell you in advance and explain why. If we end your access for a reason other than your breach of these Terms, we will refund any report you paid for but did not receive.
Discontinuing the Services. If we decide to stop offering the Services, we will give you at least 30 days' notice by email, where practical, so that you can save a copy of your report.
Effect of termination. When your access ends, your license under Section 4 ends. Sections 6, 7 (as to Your Report), 9, 10, 11, 14 and 15 continue to apply.
14. General Terms
Changes to the Services
We may change, add or remove features of the Services. If a change significantly reduces what you paid for, we will tell you in advance and you may ask for a refund under Section 9.
Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules. If you are a consumer, you also keep the protection of any mandatory provisions of the law of the country where you live.
Dispute Resolution
Most disputes can be resolved informally. Before starting a formal claim, you agree to email help@haliscope.com with a short written description of the dispute and your contact details, and both of us will try in good faith to resolve it within 30 days. If we cannot, the dispute will be decided exclusively by the state or federal courts located in the State of Delaware, and both of us consent to their jurisdiction. However, if you are a consumer and the law of the country where you live gives you the right to bring a claim in your local courts, you may do so. Either of us may bring a claim in a small claims court that has jurisdiction.
No Waiver
If we do not enforce a right or remedy under these Terms, that does not waive it.
Severability
If any provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent permitted, and the other provisions will remain in full effect.
Events Beyond Our Control
We are not responsible for delay or failure to perform caused by events beyond our reasonable control, such as outages of internet or hosting providers, natural disasters, war, strikes or government action. We will take reasonable steps to limit the effect of such events.
Third-Party Beneficiaries
These Terms do not give any rights to anyone other than you and Haliscope.
Entire Agreement
These Terms, together with any terms shown to you at checkout, are the entire agreement between you and Haliscope about the Services and replace any earlier agreements on the same subject.
15. Miscellaneous
You may not assign or transfer these Terms or your rights under them. We may assign these Terms, including in connection with a merger, acquisition or sale of assets, if the assignment does not reduce your rights. These Terms bind and benefit each party and its permitted successors and assigns. No agency, partnership, joint venture or employment relationship is created by these Terms. Agreements made electronically are as binding as signed paper agreements. Section titles are for convenience only and have no legal effect. Any provision that by its nature should survive the end of these Terms will survive, including the following sections: Eligibility; Your Account; Proprietary Rights; Your Content and Your Report; Refunds; Disclaimers and Limitation of Liability; Indemnification; Third-Party Services and Links; Termination; General Terms; and Miscellaneous.
16. Changes to These Terms
We may update these Terms from time to time. If a change is material, we will email you at least 14 days before it takes effect and update the "Last Updated" date above. Other changes take effect when posted. Changes do not apply to purchases made before they take effect or to disputes that arose before then. If you do not agree to a change, you may stop using the Services and ask us to delete your Account. If you continue to use the Services after a change takes effect, you accept the updated Terms.
17. Notices and Contact
We may give you notice by email to your Account email address or by posting a notice in the Services. Notice by email is effective when sent. To give notice to us, email help@haliscope.com or write to:
Our Appologies LLC
8 The Green, Suite B
Dover, DE 19901
United States
Notice to us is effective when received.