Terms of Service

1. Service Access

Bluphlux Service provides recruiting solutions for organizations.

1.1 Services

Subject to these Terms, we hereby grant you a non-exclusive, non-sublicensable, non-transferable (except as provided herein) license, during the Term (defined in Section 6.1), to access and use the Service solely for your internal business purposes and in accordance with any Service documentation or product feature descriptions made available to you by us in tangible or electronic format (collectively "Documentation").

1.2 Modifications to Services

We are constantly changing and improving our Software. We may add or remove functionality or features without notice and suspend or stop part of the Service altogether.

1.3 Facilities and Data Transfer

All facilities used to store and process Customer Data will adhere to reasonable security standards no less protective than the security standards at facilities where Bluphlux stores and processes its own information of a similar type. As part of providing the Services, we may transfer, store and process Customer Data in the India. By using the Services, you consent to this transfer, processing and storage of Customer Data.

1.4 Changes to the Terms of Service

Bluphlux may update or change the Terms of Service at any time at its sole discretion, so please review this page periodically. The effective date of this Agreement is set forth above, and if Bluphlux updates or changes the Terms, we will post the new version here with the date on which all changes become effective. Your continued use of Services after any change to these Terms constitutes your agreement to those new or changed terms.

Bluphlux may also update, change or modify Services, including any information, material, or content included in the Services (including, without limitation, any details, features, functionality, content and appearance of the Software) at any time, without notice.

2. Ownership

2.1 Ownership

As between you and us, Bluphlux and the software that operates the Services and all content therein (collectively, the "Company Properties"), any and all modifications, enhancements, upgrades and updates thereto, and all copyrights, trademarks, service marks, trade secrets, patents and other intellectual property rights therein (registered or unregistered), are the exclusive property of us and our suppliers. All rights in and to Company Properties not expressly granted to you in these Terms are reserved by us and our suppliers. You will not copy, transmit, transfer, modify or create derivative works of the Company Properties, and will not reverse engineer, reverse compile, reverse assemble or otherwise determine or derive source code of the Company Properties.

2.2 License to Use Feedback

You grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into our services any suggestion, enhancement request, recommendation, correction or other feedback provided by you or your employees, officers, agents, or anyone else acting on your behalf (collectively, the "Authorized Users") relating to the operation of the Company or the Service.

3. Your Use of the Software

Bluphlux provides the Software to Authorized Users to enable them to identify, search and rank the job candidates, advertise their open roles and attract applicants, streamline recruitment processes, automate hiring tasks, analyze metrics, and collaborate with team members on hiring efforts (collectively the "Permitted Use"). Your use of the Software must be consistent with the Permitted Use and, as such, you agree to provide only true, complete, and accurate information to and through the Software and to only use the Software to communicate in a manner consistent with the Permitted Use. Any uses inconsistent with the Permitted Use are prohibited and may lead to suspending your login credentials and account.

When you use the Software, you may upload or provide content or information and communicate with others. You agree that you have all appropriate rights to anything you provide to or through the Software. Bluphlux has the right (but not the obligation) to remove anything you provide to or through the Software at its sole discretion. Please do not upload or provide any personal information to the Software, as other Users will be able to see and use any such information. Communications made by or to you through the Software are neither confidential nor Confidential Information, and Bluphlux cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Software.

4. Prohibited Use

You will not engage in any of the following on the Software (collectively, the "Prohibited Use"):

• (a) "frame", "mirror" or otherwise incorporate the Software or any part thereof on any commercial or non-commercial website;
• (b) access, monitor or copy any part of the Software using any robot, spider, scraper or other automated means or any manual process;
• (c) violate the restrictions in any robot exclusion headers on the Software or bypass or circumvent other measures employed to prevent or limit access to the Software;
• (d) take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Software;
• (e) deep-link to any portion of the Software for any purpose;
• (f) remove any watermarks, labels or other legal or proprietary notices within the Software;
• (g) modify or attempt to modify the Software, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Software;
• (h) use the Software as part of any service for sharing, lending or multi-person use;
• (i) attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Software;
• (j) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Software;
• (k) create adaptations, translations, or derivative works based on the Software, in whole or in part, or decompile, disassemble, reverse engineer or other exploit any part of the Software;
• (l) use of access the Software in a manner that violates the rights (including, but not limited to intellectual property rights) of any third party;
• (m) upload to or transmit through the Software any information, images, text, data, media or other content that is, in the sole judgment of Bluphlux, offensive, hateful, obscene, defamatory or that violates any laws; or
• (n) directly or indirectly solicit, hire, recruit, or attempt to solicit, hire, or recruit any Bluphlux employee or contractor, or induce the termination of employment of any employee of Bluphlux, during the term of your agreement with Bluphlux and for a period of one year thereafter.

You must promptly notify Bluphlux of any known or suspected activity within your account or through your login credentials, which may be a Prohibited Use.

5. Suspension and Termination

If you violate this Agreement or engage in any Prohibited Use, Bluphlux may temporarily or permanently suspend your access to the Software without notice. You may also terminate your User Account by providing Bluphlux thirty (30) days written notice. Any termination will immediately remove your ability to access the Software, and Bluphlux may delete any information contained within your User Account. Terminating your account will not limit Bluphlux's other rights or remedies under this Agreement or otherwise.

6. Subscription

6.1 Term

The Service Term commences one business day after Bluphlux receives payment from the Customer. The duration of the Service Term shall be as agreed upon in writing between the Customer and Bluphlux (e.g., monthly, annually).

The Service Term may be renewed upon mutual agreement between the Customer and Bluphlux.

6.2 Uses

The service and the uses vary from customer to customer and will be specified in the email or agreement with the customer.

6.3 Termination for Convenience

If this Agreement is terminated for convenience by the Customer before the renewal date, the Customer shall remain liable for all outstanding fees per the Agreement.

7. Payment of Fees

Bluphlux will be paid in cheque or through other payment methods in advance which will also be mentioned in the agreements specific to the Customer. Fees are exclusive of taxes, which you're responsible for if applicable. You hereby authorize Bluphlux or its payment processor to initiate entries to your Credit Card or business bank checking accounts on file with Bluphlux (using your business address on file) to pay amounts that you owe to Bluphlux (including for any Renewal Terms as those payments come due), and, if necessary, to initiate adjustments for any transactions credited or debited in error. You must keep the payment method and other billing information provided current at all times; any change in such method or information will not affect charges we submit via the prior payment method and information before we reasonably could act on the change. All payments are non-refundable and non-creditable.

7.1 Late Payment

If you fail to make payments (not disputed in good faith) when due under these Terms, and after continued non-payment for a period of fifteen (15) days after we provide you with written notice and an opportunity to cure, we may suspend the provision of the Service until payment is received and may charge you the overdue amount together with our costs incurred in collecting such payment. As a nonexclusive remedy, we are entitled to withhold performance and suspend Service provision until all undisputed amounts due are paid in full. Unpaid invoices or late payments are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower. In the unlikely event, our collections efforts are unsuccessful, and we are required to obtain a third party or parties to collect Fees not reasonably disputed in good faith, you agree to incur the reasonable costs associated with such third-party collections efforts.

7.2 Taxes

Fees do not include any taxes, levies, duties, export or import fees, or other governmental assessments, including but not limited to value-added sales, use or withholding taxes, imposed or assessed by any jurisdiction (collectively, "Taxes"). You are responsible for paying all applicable Taxes (other than Taxes assessable against us based on our income, property, franchise or employment) associated with your access to the Service. You agree to cooperate with us and provide us with timely and accurate information as may be required for the calculation and withholding of applicable Taxes. If we have a legal obligation to collect and remit Taxes for which you are responsible, we will invoice you and you will pay us that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.

8. Capacity

In providing the services under this Agreement, it is expressly agreed that Bluphlux acts as an independent service provider, not an employee. Bluphlux and Customer acknowledge that this Agreement does not create a partnership or joint venture between them.

9. Indemnification

Bluphlux agrees to indemnify and hold harmless Customer and its directors, officers and employees from and against all taxes, losses, damages, and liabilities, arising from (i) any act of gross negligence, recklessness or intentionally wrongful act of Bluphlux's assistants, employees or agents, (ii) any material breach by Bluphlux or Bluphlux's assistants, employees or agents of any of the covenants contained in this Agreement.

The Customer agrees to defend, indemnify and hold harmless Bluphlux, including its directors, officers and employees, from and against all claims, damages, losses and external expenses (including reasonable attorneys' fees) arising out of any claim by any third party to the extent such claim is based on or related to: your use of the Software or Service in violation of these Terms, or other than in accordance with any advice, training, materials or resources, or implementation services provided by us in connection with the Service; your Customer Content; or your violation of applicable law or the rights of any third party.

10. Arbitration

The Parties agree that all controversies, claims, or disputes, aside from payment disputes, with anyone (including Customer and any employee, officer, director, shareholder, or benefit plan of Customer) arising out of, relating to, or resulting from Bluphlux's performance of the services under this Agreement or the termination of this Agreement, including but not limited to any material breach of this Agreement, shall be subject to binding arbitration. Customer may not, under any circumstances, commence or maintain against Bluphlux any class action, class arbitration, or other representative action or proceeding.

The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996, and any amendments thereto, and shall be administered by an arbitrator mutually appointed by the Parties. In case of disagreement on the appointment, the arbitrator shall be appointed in accordance with the rules and procedures prescribed under the said Act. The arbitration proceedings shall be conducted in English, and the venue of arbitration shall be Hyderabad, India. The decision of the arbitrator shall be final and binding on the Parties.

In the event of a payment dispute between the Parties, they will mutually endeavour to resolve the matter informally through discussions and negotiations between themselves and/or their respective legal counsel or other third-party mediators. If the Parties cannot reach an accord and legal remedies are indicated, such action shall be enforceable in the appropriate courts of competent jurisdiction in India, with the jurisdictional venue being Hyderabad, India, at Bluphlux's discretion.

By agreeing to arbitration, the Parties acknowledge and agree to waive their right to approach courts for trial, except as expressly permitted under the Arbitration and Conciliation Act, 1996.

11. Limitation of Liability

Parties' maximum liability in connection with this Agreement, whether based on contract, tort, indemnification obligations, or otherwise, shall not exceed the total fees paid by the Customer to Bluphlux during the twelve (12) months immediately before the initial event causing or resulting in such liability.

12. Governing Law

This Agreement is governed by and constructed in accordance with the laws of the Telangana Government of India, without regard to its principles of choice of law. Except for a payment dispute between the parties, a party must bring and maintain any action within the legal jurisdiction of Hyderabad, Telangana.

13. Privacy Policy

Bluphlux's privacy policy can be found at https://www.bluphlux.com/privacy-policy.