Terms of Service

Effective date: September 19, 2018

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE SERVICE, CUSTOMER AGREES TO THESE TERMS OF SERVICE.

These Terms of Service constitute an agreement (this “Agreement”) by and between Genova, a Delaware corporation (“Genova”) and the corporation, LLC, partnership, sole proprietorship, or other business entity entering into this Agreement (“Customer”). This Agreement is effective as of the date Customer first completes a purchase with Genova (via an Order or otherwise) or logs into the Service (the “Effective Date”). Customer’s use of and Genova provision of the Service (as defined below in Section 1.5) are governed by this Agreement.
EACH PARTY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AGREES TO BE BOUND BY ITS TERMS, AND THAT THE PERSON ENTERING INTO THE AGREEMENT ON ITS BEHALF HAS BEEN AUTHORIZED TO DO SO. THE PERSON ENTERING INTO THIS AGREEMENT ON CUSTOMER’S BEHALF REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO BIND CUSTOMER TO THE TERMS OF THIS AGREEMENT.

1. Definitions.

The following capitalized terms will have the following meanings whenever used in this Agreement.

1.1. “Customer Data” means information, data and other content in electronic form that is collected, downloaded or otherwise received, directly or indirectly, from Customer, a User or Customer’s candidates by or through the Service. For avoidance of doubt, Customer Data does not include Service Usage Data.

1.2. “Documentation” means Ashby’s standard documentation related to use of the Service.

1.3. “Order” means either a written order or an online transaction for access to the Service specifying the Service, the Service subscription term and payment information. An Order will become legally binding upon electronic acceptance or ink signature (including via scanned replicas of the same).

1.4. “Privacy Policy” means Ashby’s privacy policy at http://ashbyhq.com/privacy.

1.5. “Service” means Ashby’s job candidate and job applicant relationship management and tracking Service (“Ashby All-In-One”) or Ashby’s talent analytics solution (“Ashby Analytics”), as specified in an Order.

1.6. “Service Usage Data” means statistical data and information derived from Ashby’s operation of the Service and use of the Service by Ashby’s customers, including performance results.

1.7. “Term” is defined in Section 11.1 below.

1.8. “User” means any individual who uses the Service on Customer’s behalf or through Customer’s account or passwords.