Terms of Service

StaffGeek shall have the right to modify the Terms of Service at any time by providing written notice to Customer, and such modifications to the Terms of Service shall be effective upon the conclusion of the applicable subscription period in-effect following StaffGeek providing notice of the same to Customer. By executing this Agreement, Customer is agreeing to be bound by the Terms of Service, and agrees to periodically review the Terms of Service and to be aware of such modifications to this Agreement.

These Terms of Service are made a part of the SaaS Services Agreement (the “Agreement”) executed by and between Customer and StaffGeek and incorporated by reference.

NOW, THEREFORE, in consideration of the premises set forth therein and herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, the parties agree to as follows:

Agreement Process

Overview
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The Agreement consists of the Terms of Service and the Policies (as defined below, and incorporated herein by reference).

Site, Application and Other Services

Customer is engaging StaffGeek to provide access to and use of the StaffGeek Software on a “Software as a Service” (“SaaS”) basis via the Web Application and the Site (as applicable), as well as any other Services (as defined below) requested or necessary to generate and deliver the Deliverables.

Locations
The method and means of providing the Services shall be under the exclusive control, management, and supervision of StaffGeek, giving due consideration to the requests of Customer. Currently, the Services are provided solely from within the United States and, where applicable, on computing and data storage devices physically located within the United States.

Definitions

In addition to the terms defined elsewhere in the Agreement and these Terms of Service, the following terms shall have the following meanings:

Authorized User

Means each person who is authorized by Customer to have administrative privileges on the Site and the Web Application, and who accesses or uses any Master Accounts (as defined below) of Customer with StaffGeek. An Authorized User may be an employee, contractor, consultant, or other agent of Customer.

Candidate
Means an individual employee or prospective employee of Customer who accesses and uses the Platform to complete the applicable questionnaires utilized for performing assessment and matching Services for Customer by StaffGeek. Candidates do not have administrative privileges unless also an Authorized User.

Confidential Information

Means all information of whatsoever kind or nature belonging to or in the possession or control of a party (“disclosing party”) which is of a confidential, proprietary or trade secret nature that is furnished or disclosed to the other party (“receiving party”) under the Agreement, either orally, in writing or in electronic formats, and which has been marked “confidential”.

Customization

Means a Service provided by StaffGeek for the modification of the Site and/or Web Application or other Services pursuant to specific requests by Customer.

Data
Means information provided by or for Customer. There are several different types of Data:
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      Customer Data
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       Means any Data owned or provided by Customer directly or indirectly to StaffGeek, including, without limitation, information about        Customer’s Users, whether or not hosted by StaffGeek.
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       Hosted Data
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       Means Customer Data that StaffGeek stores on servers or other computers owned or controlled by StaffGeek.

       Non-Hosted Data
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       Means Data that is not Hosted Data, including any Data on Customer’s servers or third-party servers.

      NPI Data
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      Means any Data that does not contain Personal Information.

Effective Date

The date in which the Customer has agreed to these terms through use of the StaffGeek Software.

Error

Means a reproducible failure of the StaffGeek Software to perform in substantial conformity with the intended functionality of the Site, the Web Application, and any Customizations.

Mark
Means a trademark, service mark or other brand associated with the Services, in accordance with applicable law.

Web Application

Means the StaffGeek Software hosted by StaffGeek, accessed and used by Customer, Customer’s Authorized Users, and Customer’s Candidates, and operated by StaffGeek to process Customer Data on a SaaS basis.

Non-Personal Information

Means any information that is not Personal Information.

Open Source Software

Means computer programs that are (1) not public domain, (2)subject to some form of intellectual property ownership such as copyright orpatent protection, (3) are made freely available at no charge to the generalpublic by their owner, and (4) are licensed pursuant to a written document thatmay list one or more limitations on how licensees may use, modify and share theprograms and derivative works (new versions) of the programs.

Personal Information
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Means non-public information that identifies an individual person.

Platform
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Means the SaaS Services provided to Customer through the Site and the Web Application.

Policies

Means StaffGeek’s current written policies on technical and administrative matters, including the StaffGeek Privacy Policy.

Privacy Policy

Means StaffGeek’s Policy regarding data privacy practices.

Services

Means those services provided by StaffGeek to Customer pursuant to the Agreement, which may include access and use of the StaffGeek Software offered through the Web Application and Site (if applicable), as well as ancillary services performed by StaffGeek which may include Storage, Support, further analysis of Customer Data, and training.

Site
‍Means the StaffGeek website.

Software‍
Means computer programs. There are several different types of Software:
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      StaffGeek Software

      Means any Software developed and/or owned by StaffGeek, including, without limitation, underlying the Site, the Web Application, and any       Customizations.

      Third Party Software

      Means Software owned, distributed or operated by third parties.

Storage
Means a Service provided by StaffGeek for the hosting of Customer Data by StaffGeek.

Support
Means a Service provided by StaffGeek to assist Customer and its Authorized Users upon specific request by Customer regarding the use of the Services.

User
Means Customer’s employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by Customer or on Customer’s behalf, including, without limitation, each Authorized User and Candidate.

StaffGeek Services

General

StaffGeek shall provide Customer, Customer’s Authorized Users, and Customer’s Candidates access to and use of all or a portion of the StaffGeek Software through the Site and the Web Application.

Customer Accounts

Pursuant to the Agreement, StaffGeek shall provide Customer with two levels of accounts:

      Master Accounts

      The administrative functionality of the Platform is designed to be administered only by Authorized Users. Upon execution of the Agreement,       StaffGeek shall provide Customer with one or more account and login that grants full, unrestricted access to the Services for one or more       specified Authorized Users (“Master Account”).

      Candidate Accounts

      At the Customer’s discretion, Customer may assign Candidates with an account and login that grants each such User access to the       StaffGeek Software to enter data and complete assessment surveys, but which restricts access to administrative aspects of the Services       (“Candidate Account,” together, with the Master Account, the “Customer Account(s)”). Candidates are only granted access to a Candidate       Account upon specific invitation by Customer, and each Candidate must acknowledge and agree to the terms of StaffGeek’s applicable          Policies.

      Limiting Access to Accounts

      StaffGeek requires a unique account and login for each User for greater security, and Customer hereby covenants that Customer will provide       and assign a unique password and user name for each User. Customer is responsible for all actions attributable to its Users and for each       Customer Account. Customer will be responsible for the confidentiality and use of Customer’s (including its employees’) passwords and user       names. Customer understands and agrees that in order for the Services to be most effective, it should only grant management-level       employees access to the Master Account, and that every other User that needs access to the Services should be provided with a unique       Candidate Account. Allowing Users to share accounts increases the potential for inaccurate data tracking, security issues and trouble with       terminated employees continuing to have access to the Services. Customer hereby acknowledges and agrees that StaffGeek shall not be       responsible for any liability, actions, claims, or damages arising out of or in connection with inaccuracies of Data, any Data Breaches, or other       problems or Errors with the Services as a result of Customer allowing multiple Users to share any single account. Customer agrees to notify       StaffGeek if Customer becomes aware of any loss or theft or unauthorized use of any of Customer’s passwords, user names, and/or accoun t       number(s).

These Terms of Service govern your use of the website located at https://www.shortsmaker.ai/ and any related services provided by Shorts Maker
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By accessing https://www.shortsmaker.ai/, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Shorts Maker.
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We, Shorts Maker , reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 26 June 2023.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
2. remove any copyright or other proprietary notations from any materials and software on this website;
3. transfer the materials to another person or “mirror” the materials on any other server;
4. knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Shorts Maker provides;
5. use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
6. use this website or its associated services in violation of any applicable laws or regulations;
7. use this website in conjunction with sending unauthorized advertising or spam;
8. harvest, collect, or gather user data without the user’s consent;
9. oruse this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to Shorts Maker and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
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This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Shorts Maker at any time.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

Liability

Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, Shorts Maker makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Shorts Maker or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Shorts Maker or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. Shorts Maker does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Links

Shorts Maker has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Shorts Maker of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of USA. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.