Terms of Service

These Terms of Service (the “Terms,” “Agreement,” or “Terms of Service”) constitute a legally binding agreement between The Social Greenhouse (the “Company,” “we,” “us,” or “our”) and you, whether acting on your own behalf as an individual or on behalf of a legal entity (the “User,” “you,” or “your”), and govern your access to and use of the Company’s websites, web applications, mobile applications, hosted software, application programming interfaces, administrative dashboards, developer tools, documentation, communications, and any other products or services made available by the Company (collectively, the “Services”).

By accessing, browsing, downloading, installing, registering for, or otherwise using any portion of the Services, you acknowledge that you have read this Agreement, that you understand its terms, and that you agree to be bound by all of its provisions.

If you are entering into this Agreement on behalf of an organization, you represent and warrant that you have the legal authority to bind such entity. If you do not have such authority, or if you do not agree with any part of this Agreement, you must not access or use the Services.

For the purposes of this Agreement, the following capitalized terms have the meanings set forth below.

Company

The Social Greenhouse, together with its parents, subsidiaries, successors, and assigns.

Services

All products, features, subscriptions, functionality, tools, integrations, APIs, dashboards, communications, and professional services made available by the Company.

Platform

The technical infrastructure, hosted environments, software, and interfaces through which the Services are delivered.

Website

Any website operated by the Company, including subdomains, mobile web versions, and related digital properties.

Software

Any downloadable, embeddable, or hosted software components, libraries, SDKs, mobile applications, or client applications made available by the Company.

User

Any natural person or legal entity that accesses or uses the Services.

Customer

An organization or individual that has entered into a subscription or other paid arrangement with the Company.

Account

The record established when a User registers to access the Services, together with all associated credentials, settings, workspaces, and Content.

Subscription

A time-limited or renewing right to access designated Services in exchange for applicable Fees.

Content

All information, materials, data, text, images, video, audio, software, files, and other content made available through the Services.

User Content

All Content that is uploaded, transmitted, submitted, generated, or otherwise made available by or on behalf of a User.

Applicable Law

All statutes, regulations, rules, orders, decisions, and decrees of any governmental authority applicable to the parties.

3.1 Minimum Age and Legal Capacity

You must be at least the age of majority in your jurisdiction and have the legal capacity to enter into a binding contract in order to use the Services.

3.2 Organizational Authority

If you use the Services on behalf of an entity, you represent that you are authorized to bind that entity and to accept these Terms on its behalf.

3.3 Prohibited Jurisdictions and Compliance

You may not use the Services if you are located in, or a resident of, any jurisdiction where such use would be prohibited by Applicable Law, or if you are on any restricted or denied party list maintained by a competent governmental authority.

4.1 Creating an Account

To access certain features of the Services you may be required to register for an Account and provide accurate, current, and complete information.

4.2 Accuracy of Information

You agree to promptly update your Account information as necessary. Failure to maintain accurate information may result in suspension or termination of your Account.

4.3 Account Security and Multi-Factor Authentication

You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your Account. We recommend enabling multi-factor authentication where offered.

4.4 Notification of Unauthorized Use

You must notify the Company immediately of any unauthorized access to or use of your Account.

4.5 Account Ownership and Transfer Restrictions

Accounts may not be transferred, sold, or assigned to any third party without the Company’s prior written consent.

Your responsibilities include, without limitation, the following:

5.1 Lawful Use

Using the Services only in compliance with Applicable Law and these Terms.

5.2 Accurate Information

Providing accurate information and updating it as necessary.

5.3 Security of Credentials and Reporting Obligations

Maintaining the confidentiality of your credentials and promptly reporting any suspected security incident.

5.4 Respect for Other Users

Interacting with other Users and the public in a respectful, lawful manner.

You agree not to engage in any prohibited activity, including:

• Using the Services for any unlawful, harmful, fraudulent, or deceptive purpose.
• Reverse engineering, decompiling, or disassembling any portion of the Services.
• Interfering with, disrupting, or overloading the Services or associated infrastructure.
• Attempting to gain unauthorized access to any Accounts, systems, or data.
• Uploading viruses, malware, or other malicious code.
• Sharing Accounts with unauthorized individuals or circumventing user-based limitations.
• Scraping, harvesting, or collecting information about other Users without authorization.
• Using the Services to send unsolicited or unauthorized communications.

The Company reserves the right to investigate suspected violations, suspend or terminate offending Accounts, cooperate with law enforcement, and pursue any available civil or criminal remedies.

Certain Services are made available on a subscription basis. The scope, duration, features, and pricing of each Subscription are described at the time of purchase.

7.1 Upgrades and Downgrades

Upgrades take effect immediately (subject to prorated Fees), and downgrades take effect at the start of the next Billing Cycle.

7.2 Cancellations

Cancellations take effect at the end of the current Billing Cycle, and, except where required by Applicable Law, do not entitle you to a refund of Fees already paid.

You agree to pay all Fees in the currency and by the payment methods accepted by the Company. By providing a payment method, you authorize us to charge that payment method for all applicable Fees, taxes, and renewals.

8.1 Automatic Renewals

Subscriptions automatically renew for successive Billing Cycles unless cancelled in accordance with these Terms.

8.2 Failed Payments and Collections

If a payment is declined or overdue, the Company may suspend or terminate your access to the Services and pursue collection of amounts owed.

Except where required by Applicable Law or expressly stated in an applicable order form, all Fees are non-refundable. Refunds, where offered, are at the Company’s sole discretion and do not entitle you to any future refund or credit.

The Services, including all Software, Content, trademarks, logos, and related Intellectual Property, are owned by the Company or its licensors. All rights not expressly granted are reserved. You may not copy, modify, distribute, publicly display, or create derivative works of the Services except as expressly permitted.

You retain ownership of your User Content. By making User Content available through the Services, you grant the Company a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (to the extent necessary to provide the Services), display, and transmit such User Content solely as needed to operate and improve the Services.

The Company has the right, but not the obligation, to monitor, review, and remove User Content that it reasonably believes violates this Agreement, Applicable Law, or the rights of others.

The Services may integrate with or rely on third-party providers, including infrastructure providers, email and SMS providers, mapping providers, identity and authentication providers, analytics providers, and advertising platforms. Such Third Parties operate independently and are governed by their own terms and policies.

The Company will use commercially reasonable efforts to make the Services available in accordance with the applicable Subscription. However, the Services may be unavailable from time to time due to scheduled maintenance, upgrades, or events beyond our reasonable control, and we do not guarantee uninterrupted availability.

The Company may release updates, patches, or new versions of the Software from time to time. You agree that such updates may be installed automatically and that continued use of the Services may require the most recent version.

The Company maintains a comprehensive information security program designed to protect the confidentiality, integrity, and availability of the Services. You are responsible for configuring your Account in a secure manner and for the security of any systems used to access the Services.

Our collection and use of Personal Information in connection with the Services is described in our Privacy Policy, which is incorporated into these Terms by reference. In the event of a conflict between these Terms and the Privacy Policy with respect to Personal Information, the Privacy Policy shall control.

Each party (the “Receiving Party”) may have access to Confidential Information of the other party. The Receiving Party shall maintain the confidentiality of such information using at least the same degree of care it uses to protect its own confidential information, and shall not disclose or use it except as necessary to exercise its rights or perform its obligations under this Agreement.

The Services, the Software, the Website, and any related Content are provided “as is” and “as available,” with all faults and without warranty of any kind, whether express, implied, or statutory. The Company disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the servers that make them available are free of viruses or other harmful components.

To the maximum extent permitted by Applicable Law, in no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, business, goodwill, use, data, or other intangible losses, arising out of or in connection with this Agreement or the Services. The Company’s aggregate liability shall not exceed the greater of (a) the amounts paid by you to the Company in the twelve months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100.00).

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your access to or use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any Applicable Law or third-party right.

21.1 Termination by You

You may terminate this Agreement at any time by cancelling your Subscription and discontinuing all use of the Services.

21.2 Termination by the Company

The Company may suspend or terminate your access to the Services at any time for violation of these Terms or as otherwise permitted by Applicable Law.

21.3 Effect of Termination

Upon termination, all rights and licenses granted to you under this Agreement shall immediately cease, and you must discontinue use of the Services.

Neither party shall be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, fires, floods, epidemics, war, terrorism, labor disputes, or governmental actions. The affected party shall resume performance once the Force Majeure Event has ceased.

You agree to comply with all applicable export control and sanctions laws. You represent that you are not located in, or a national of, any country subject to comprehensive sanctions, and that you are not on any restricted or denied party list maintained by a competent governmental authority.

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is established, without regard to its conflict-of-laws principles.

25.1 Informal Resolution

The parties agree to first attempt to resolve any dispute informally by contacting the other party in writing.

25.2 Binding Arbitration

Where permitted by Applicable Law, any unresolved dispute shall be finally resolved by binding arbitration administered by a recognized arbitration body at the seat of arbitration designated by the Company.

25.3 Class Action Waiver

To the maximum extent permitted by Applicable Law, disputes must be brought in an individual capacity and not as part of a class or representative action.

You consent to receive communications from the Company in electronic form, including via email or through the Services, and you agree that such electronic communications satisfy any legal requirement that such communications be in writing.

The Company may modify, suspend, or discontinue any part of the Services at any time. Where a change materially reduces the functionality of a paid Service during an active Subscription term, we will provide reasonable notice.

We may update these Terms from time to time. When we make material changes, we will provide notice as required by Applicable Law. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

No failure or delay by the Company in exercising any right or remedy shall operate as a waiver, nor shall any single or partial exercise preclude any other or further exercise of that right or remedy.

You may not assign or transfer this Agreement, in whole or in part, without the Company’s prior written consent. The Company may assign this Agreement freely, including in connection with a merger, acquisition, or sale of assets.

Nothing in this Agreement shall be construed as creating a partnership, joint venture, agency, employment, or fiduciary relationship between you and the Company.

All provisions of this Agreement which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

This Agreement, together with the Privacy Policy and any applicable order form or referenced policy, constitutes the entire agreement between you and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings.

If you have questions or concerns regarding these Terms, please contact us at: