Terms of Service

Last updated: 26 June 2024

Overview

This is an agreement between AMUS SOFTWARE SL (AMUS HIRING, We, Us, Our), and the User (User, You or Your), setting out the general Terms of Your use (Terms)  of the amushiring.com website (Platform), and any of Our products or services (Product).

Where other terms for services have been agreed with us, those terms shall take precedence over these Terms, where they conflict.

AMUS SOFTWARE SL

Address: Vilamari, 51, Bj.1, Barcelona

VAT Number: ES B72561442

Contact Information
email: [email protected]

Accounts and membership

By using the Platform and Products, You warrant and represent that You are at least 18 years of age, that you have full authority to enter into these Terms, and perform Your obligations. In turn, We warrant and represent that We have full authority to perform the services under these Terms. If You create an account on the Platform, You are responsible for maintaining the security of Your account and You are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of Your account. You must immediately notify Us of any unauthorized uses of Your account or any other breaches of security. We will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Because We value great relationships and transparency, the provision of Our Services is subject to a compliance check (KYC), following which We may suspend or cancel Your account, should We deem the check not satisfactory. You therefore warrant and represent that You are in good standing under the laws of the jurisdiction in which You are present, and You have not, or will You enter into any agreement that would prevent You from complying with or performing Your obligations under these Terms. We may suspend, disable, or delete Your account (or any part thereof) and discontinue any Services, if we determine that You have violated any provision of these Terms, any other terms You have agreed to, or that Your conduct or content would damage Our reputation and goodwill.

User content

Your submitted content:

• Isn't owned by Us.
• You are responsible for its accuracy, legality, and ownership.
• If You submit Your personal data or of other individuals, We do not own it. We will only process it as described in Our privacy policy, and in the privacy and data processing section of these Terms.

When using the Platform, You agree not to:

• Store, distribute or transmit viruses, malicious code, or other harmful technologies- that will in any way will affect the functionality or operation of the Platform.
• Do anything that infringes or violate Our intellectual property, and intellectual property rights of a third party.
• Create one or more accounts for other commercial or illegitimate purposes.
• Reverse engineer, copy, modify, data scape, automate, or re-sell the Platform in any way.
• Do anything unlawful or illegal, fraudulent, harmful, threatening, defamatory, discriminatory, or offensive and as such negatively impact Yours or Our public image.
• Solicit others to perform or participate in any unlawful acts.
• Violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
• Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• Submit false or misleading information.
• Spam, phish, pharm, pretext, spider, crawl, or scrape.
• Use the Platform for any obscene or immoral purpose; or
• Interfere with or circumvent the security features of the Platform or any related website.

Consequences (of any violation to these Terms)

If You violate any of the above restrictions or do anything else We reasonably believe to be harmful or illegitimate We may suspend Your access to the Platform, and We may subsequently terminate these Terms. Such termination shall be without liability to You.
We may suspend, disable, or delete Your account (or any part thereof) and discontinue any access to any of Our Products, if We determine that You have violated any provision of these Terms, any other terms You have agreed to with Us, or that Your conduct or content would damage Our reputation and goodwill.

• If We delete Your account for the foregoing reasons, You may not re-register for Our Services.
• We may block Your email address and Internet protocol address to prevent further registration.

Billing and payments

You shall pay all fees or charges to Your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Product You have requested, You will be charged automatically in accordance with the terms You agreed to. If, in Our judgment, any of Your payments or transactions constitute a high-risk transaction, We will require You to provide us with a copy of Your valid government-issued photo identification, and any other additional documents required by Us, to verify compliance with applicable laws, policies and procedures. We reserve the right to change Products and Product pricing at any time.
We may, in Our sole discretion, limit or cancel access to Products purchased per person or entity. These restrictions may include Products requested by or under the same customer account, the same credit card, and that uses the same billing and/or shipping address. In the event that We make a change to or remove a Product, We will notify You by the e-mail and/or billing address/phone number listed on the Platform or provided at the time the Product was requested.
If You are a user using Our payment services, and it is required as part of the Product You avail from Us, You hereby authorize Us to act and hold ourselves out to be Your payment collection agent (“Payment Collection Agent”), and to hold and receive funds on Your behalf, for the limited purpose of facilitating payments for services You may provide to other entities on or off the Platform (“Service Recipients”).
In the capacity of Your Payment Collection Agent, in Our contract management product, Our role shall be limited to transferring payments received from Your Service Recipients to Your designated account(s) either directly, or through its payment partners, and its obligation to pay You is subject to and conditional upon successful receipt of such payments from the Service Recipients. We shall not be liable for any acts or omissions by You in the performance of Your services to Service Recipient, or any unpaid or disputed fees arising out of disputes between You and the Service Recipient.
The receipt of funds by Us from Service Recipients on Your behalf, shall be considered and deemed for all purposes to be full and complete payment of funds to You, and Service Recipients shall be relieved of any and all risk of loss immediately upon payment to Us, as if Service Recipients had delivered funds directly to You.
You shall advise Service Recipients that payments to AMUS HIRING will be deemed payment directly to You and will discharge Service Recipients of all payment obligations to You by the amount of the payment received by Us. Upon receipt of funds from Service Recipients by Us on Your behalf, We shall contemporaneously issue a receipt or confirmation to Service Recipients acknowledging such receipt of funds, and confirming that such receipt is deemed payment to You, and that the Service Recipient shall be relieved of all risk of loss arising from the subsequent transfer of such funds to You. Payment services for contractors are powered by Third Party Service Providers, whose licenses can be found on their web.

Social Media

As part of the Services, you may be able to link your account with other accounts you have with third-party service providers (each a "Third-Party Provider Account") by: (a) providing your Third-Party Provider Account login information through the Services; or (b) allowing us to access your Third-Party Provider Account. You represent and warrant that you are entitled to disclose your Third-Party Provider Account login information to us and/or grant us access to your Third-Party Provider Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Provider Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Provider Account. By granting us access to any Third-Party Provider Accounts, you acknowledge and agree that (i) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Provider Account (the "Social Media Content") so that it is available on and through the Services via your account, including without limitation any friend or connections lists and (ii) we may submit to and receive from your Third-Party Provider Account additional information to the extent you are notified when you link your account with the Third-Party Provider Account. Depending on the Third-Party Provider Accounts you choose and subject to the privacy settings that you have set in such Third-Party Provider Accounts, personally identifiable information that you post to your Third-Party Provider Accounts may be available on and through your account on the Services. Please note that if a Third-Party Provider Account or associated service becomes unavailable or our access to such Third Party Provider Account is terminated by the third-party service provider, then Social Media Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Provider Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY PROVIDER ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Media Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Media Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Provider Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Provider Account by contacting us using the contact information below or through your account settings (if applicable).

Intellectual Property

You acknowledge that any and all Intellectual Property Rights subsisting in or used in connection with the Services and their original content, features and functionality are and will remain the exclusive property of AMUS HIRING, and its licensors and you shall not at any time (including after termination of the license granted herein) in any way dispute, challenge, or undertake any action directly or indirectly that would be inconsistent with the ownership thereof by Us or Our licensors. The Services are protected by copyright, trademark, and other laws of any country. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of AMUS HIRING.
If you provide to us any ideas, proposals, suggestions or other materials ("Feedback"), whether related to the Services or otherwise, you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation. We may use such Feedback without compensating you and without any restriction or obligation to you.

Accuracy of information and backups

Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information. We undertake no obligation to update, amend or clarify information on the Platform including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform should be taken to indicate that all information on the Website or on any related Product have been modified or updated.
We will not be liable for any acts or omissions by You, including processing of payments to You on the basis of inaccurate information on Your account, or any damages of any kind incurred as a result of such acts or omissions. Also, We regularly back up the Platform and its Content and will do Our best to ensure completeness and accuracy. If there's a hardware issue or data loss, we'll automatically restore backups to minimize disruptions.

Links to other websites

While this Platform may have links or application programming interfaces (APIs) that provide ways to access other websites, We don't imply approval or association nor do We warrant association unless stated.
We are not responsible for others' offerings, products, services, actions, or content.
Your use of external websites is at Your own risk. Review their terms and conditions.

Disclaimer

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
AMUS HIRING, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

Limitation of liability

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL AMU SHIRING, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY OTHER USERS OR THIRD PARTY ON OR THROUGH THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU RELATING TO THE SERVICES OR ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED ONE HUNDRED EUROS. THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY.

Governing law

These Terms shall be governed and construed in accordance with the laws of Barcelona, Spain, without regard to its conflict of law provisions. You hereby irrevocably waive any and all rights to trial by jury in any legal proceeding arising out of or relating to these Terms.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right to modify these Terms and any policies relating to the Platform at any time.
Continued use of the Platform after any such changes shall constitute Your consent to such changes.

Acceptance of these terms

You acknowledge that You have read these Terms and agree to all its Terms.
By using the Platform or Product requested on the Platform, You agree to be bound by the Terms.
If You do not agree to abide by the Terms, You are not authorized to use or access the Platform and any of the Product.
Should You have been invited to the Platform by one of Our clients, and wish to terminate your account at any time, including due to a disagreement with any updates to these Terms, please reach out to the client. These Terms shall otherwise remain in effect until such client’s subscription for You terminates, or Your access to the Platform has been terminated by the client or Us.

Special Terms for specific users

Contractors

If You are a contractor of Our Client registered on the Platform, You authorize Us to digitally send You any document required to be shared with You under local tax regulations and applicable law, at any time in the period in which You use Our Products.

Candidates

Users of the Platform via API integration

If you are using Our Products via a full or partial integration of Our API with another web platform or provider (External Provider), You agree to be bound by these Terms, and acknowledge that Your access to Our Products and Our Platform may be limited by the functionality and capabilities of the API. You acknowledge that We have no control over External Providers or the availability of External Providers. We may add or remove an External Provider at any time.