End User License Agreement

IMPORTANT – Please read carefully the following legally binding End Users License Agreement (“EULA”) between you (“Licensee”), either an individual or a single legal entity, and Kalibrr Inc., a corporation organized under the laws of Delaware, (“Kalibrr-De”), Kalibrr Technology Ventures Inc. (Kalibrr-Tech), and Kalibrr Career Services Inc. (Kalibrr-Career), collectively “Kalibrr” for the Services defined below. By explicitly accepting this EULA, or by installing, copying, downloading, accessing, or otherwise using the website, application, and software available at Kalibrr.com and Kalibrr.com/employers, you acknowledge that you read, understand, and agree to be bound by the terms of this EULA. If you do not agree with the terms of this EULA, do not install or otherwise use the Kalibrr website, application and software.

Where a reseller, service provider, consultant, contractor or other party downloads or otherwise provides the Software for Licensee and/or installs or activates the Software on Licensee’s behalf prior to Licensee’s use of the Software, such reseller, service provider, consultant, contractor or other party will be deemed to be Licensee’s agent acting on Licensee’s behalf and Licensee will be deemed to have accepted all of the terms and conditions of this EULA as if Licensee had directly downloaded, installed or used the Software.

The Website and Kalibrr Platform

Welcome and thank you visiting Kalibrr.com, and using our Services! The Kalibrr website, and the Kalibrr Recruiter Platform are owned by Kalibrr Inc. and licensed exclusively to Kalibrr Technology Ventures (“Kalibrr-Tech”). The use of the Website (www.kalibrr.com) and the Kalibrr Recruiter Platform, collectively the “Services,” is provided by Kalibrr-Tech to you as Licensee subject to the terms of this Agreement, and your Membership Agreement , if applicable.

Through the Services, Kalibrr helps you in finding a suitable match for your human resource requirements. Please remember that while use of the Services may provide assistance in your sourcing, recruitment and selection needs, you are solely responsible for all communications, postings, representations, and actions made on the website, and on Kalibrr Recruiter Platform. The Kalibrr Services (and our awesome software!) immediately identifies candidates that do not meet your specific requirements, however, please note that selecting (or unselecting) candidates is completely within your prerogative, and as such, you are solely responsible for the applicants you select, or reject.

We are pleased to make the services available to you but we reserve the right to terminate or suspend the Services (or your use of the Service) at any time without notice, subject to the terms of this Agreement, and any applicable Membership Agreement you may have. Upon termination, you continue to be bound by this Agreement, and shall remain responsible for any actions, posts, or representations you have made using the Services. We reiterate, that you may use the Service to help you in your sourcing, and human resource requirements but you are solely responsible for all your job postings, as well as your selection and assessment of suitable candidates and applicants. Please remember that you are solely responsible for your use of the Service.

Opening an Account

Prior registration is required for you to use the Kalibrr Recruiter Platform.

Note that if your Recruiter Platform is availed of, and is covered by a Membership Agreement, if applicable, signed by another party for your use, you are using the account only as an authorized representative of that party, and that Party has control of the account and may, at anytime, request Kalibrr to terminate your access to the Kalibrr Recruiter Platform.

Note further that when you create or sign-up for a Recruiter Account using a company, organization, or a juridical entity’s name, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with full authority to bind the Corporation or entity to this Agreement, and that you agree to this Agreement on behalf of the corporation or entity. You are not allowed to use someone else’s account without their permission. It is important that you provide accurate and complete information in creating your account.

You are likewise encouraged to keep your account information accurate and updated at all times to ensure maximum benefit from the Services. You are solely responsible for the activity that occurs on your account, including the safety and security of your password. In the event you suspect a breach of security or someone using your account without authorization, please notify Kalibrr immediately at [email protected]. Kalibrr, or its affiliates, will not be liable for any losses caused by any unauthorized use of your account.

If you wish to control the data you share, the services you subscribe to, or the level of privacy of your account you may do so by changing the settings in your Account Settings page. Although we strongly encourage companies to keep their Company details public to better avail of the Services of Kalibrr, we acknowledge that in some cases, you wish to share only specific, or even no, information.

We require you to provide your email when you sign-up for the Services, note that by providing your email address or opening your account with Kalibrr, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. Depending on your preferences, as indicated in your profile, and any express authorization you have given, and or from time-to-time, we may also send you emails of special offers, changes to the features of our Services, and other notifications. If you do not wish to receive such email messages, you may opt out by clicking unsubscribe on the email, or changing your notification preferences in your account. Please remember, however, that opting out may prevent you from maximizing the benefits you can potentially get from use of the Service.

While you are not required to make any payment for opening your account, you need credits to avail of our paid services. To purchase credits please visit www.kalibrr.com/topup. By availing our paid services, you likewise agree to pay us the applicable taxes, including VAT, or any withholding taxes. Please note that, depending on your location, and the payment method you are using, your fees may also be subject to foreign exchange fees, bank charges, interest charges and the like. To request an invoice or official receipt for the paid services, please send an email to [email protected].

Changes to the Service

Just like this EULA, all aspects of the Service are subject to change, modification or may be discontinued at Kalibrr’s sole discretion. In the event of cancellation of the Services, any remaining credits in your account will be reimbursed to you. Kalibrr shall strive to provide notifications of any disruption of the Service, however; Kalibrr reserves the right to interrupt the Service with or without prior notice. You understand and agree that Kalibrr will not be liable to you for any interruption of the Service, delay or failure to perform.

Your Interactions with Other Users

You are solely responsible for your interactions with other users, including other recruiters, or applicants. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Kalibrr shall have no liability for your interactions with other users, recruiters, or applicants, and/or for any user’s action, inaction or omission.

Ownership and Reservation of Rights

The Software comprising the Website and the Kalibrr Recruiter Platform is owned by Kalibrr Inc., a corporation organized under the laws of Delaware, and licensed in the Philippines exclusively to Kalibrr Technology Ventures Inc., a Philippine corporation. The Website, including all materials, and contents therein, the Kalibrr Recruiter Platform, and all right, title and interest thereto are sole property of Kalibrr Inc., and are protected by Intellectual Property laws. Except for the limited license granted to you in this EULA, Kalibrr Inc., reserves for itself and its licensors all other rights, title to, and interest. Under this EULA, Kalibrr, grants you a non-transferable, non-exclusive, non-sublicensable, worldwide right and license to install or execute the Kalibrr Recruiter Platform, in the form made available through the Website, for your personal, non-commercial use only, subject to the terms and conditions under this EULA.

Third-Party Materials

This EULA does not cover any third-party materials, and all rights, tile, and interest pertaining thereto, which are the sole property of the relevant third parties and are subject to any applicable limited licenses, conditions and/or reservations.

Indemnity

You agree to defend, indemnify and hold harmless Kalibrr and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the Philippines or any other country; (v) any claim or damages that arise as a result of any job postings, representations, actions, and or any submissions done via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

Exclusion of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "WHERE IS" BASIS WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MECHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND KALIBRR INC., KALIBRR-TECH, KALIBRR-CAREER, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH USE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MECHANDIZE AND OTHER INFORMATION PROVIDED THROUGH THE WEBSITE, THE KALIBRR PLATFORM, OR ON THE INTERNET GENERALLY. NO REPRESENTATION OR WARRANTY IS MADE HEREIN THAT THE WEBSITE OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED OR IMMEDIATELY DETECTED.

YOU UNDERSTAND FURTHER THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM SUCH DOWNLOAD.

KALIBRR INC., KALIBRR-TECH, KALIBRR-CAREER, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR ITS LICENSORS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OF KALIBRR, KALIBRR RECRUITER PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Contents, or information available through the Website or through the Kalibrr Recruiter Platform may contain inaccuracies or typographical errors. Kalibrr, its affiliates, directors, officers, employees or licensors hereby makes no representation or warranty about the accuracy, reliability, completeness, or timeliness of the content or about the results to be obtained from using the Services or the contents on it.

Limitation of Liability

IN NO EVENT WILL KALIBRR INC., KALIBRR-TECH, KALIBRR-CAREER, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR ITS LICENSORS, OR ANY THIRD PARTIES MENTIONED IN OUR WEBSITE OR IN THE KALIBRR RECRUITER PLATFORM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, OR THE KALIBRR RECRUITER PLATFORM, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED OR DOWNLOADED FROM THE WEBSITE OR THROUGH THE KALIBRR RECRUITER PLATFORM, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OUR WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMMISIONS OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST AMOUNT, IN WHATEVER CURRENCY, PERMITTED FOR THE AGGREGATE LIABILITY FOR KALIBRR AND AFFILIATED PARTIES FOR A CLAIM DERIVED FROM OR RELATED TO OUR WEBSITE OR THE KALIBRR RECRUITER PLATFORM. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE AVAILABLE.

Miscellaneous Provisions

This End User License Agreement is be governed by and construed in accordance with the laws of the Philippines, without giving effect to any applicable conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision or portion of this End User License Agreement to be unenforceable, the remainder of the agreement will continue in full force and effect.

The Terms of Use and this End User License Agreement as well as any Membership Agreement, if applicable, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use and this End User License Agreement will be effective only if in writing and signed by an authorized representative of Kalibrr.

Acceptance

BY SIGNING UP FOR AN ACCOUNT, YOU ARE STATING THAT YOU ARE OF LEGAL AGE AND HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS END USER LICENSE AGREEMENT.

(IF YOU ARE REPRESENTING YOUR COMPANY, BY SIGNING UP FOR AN ACCOUNT, YOU ARE REPRESENTING THAT YOU HAVE THE REQUISITE CAPACITY AND AUTHORITY TO ENTER INTO THIS AGREEMENT, AND USE THE SERVICES. YOU FURTHER REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS END USER LICENSE AGREEMENT.)