Service Terms
Updated: October 10, 2024
TL;DR
Our Service Terms prioritize specific conditions for using our Services, which override conflicting terms in other agreements. We indemnify API and business customers against IP infringement claims, provided they adhere to safety measures and don’t knowingly misuse third-party content. Beta Services, however, are offered "as-is" without warranties or indemnities, as they are meant for testing. In business accounts, administrators can manage user access and content, with the responsibility of obtaining necessary consents. These terms outline the extent of our indemnification obligations, ensuring users understand their responsibilities and limitations when using our Services.
These Service Terms govern your use of the Services. Capitalized terms not defined here will have the meanings in the Terms of Use or other agreement you have with us governing your use of the Services (“Agreement”). If there is a conflict between the Service Terms and your Agreement, the Service Terms will control. For purposes of these Terms, “Content” includes “Customer Content.”
1. API
Professional.me Corporation’s indemnification obligations to API customers under the Agreement include any third-party claim that Customer’s use or distribution of Output infringes a third party’s intellectual property right. This indemnity does not apply where: (i) Customer or Customer’s End Users knew or should have known the Output was infringing or likely to infringe, (ii) Customer or Customer’s End Users disabled, ignored, or did not use any relevant citation, filtering or safety features or restrictions provided by Professional.me Corporation , (iii) Output was modified, transformed, or used in combination with products or services not provided by or on behalf of Professional.me Corporation, (iv) Customer or its End Users did not have the right to use the Input to generate the allegedly infringing Output, (v) the claim alleges violation of trademark or related rights based on Customer’s or its End Users’ use of Output in trade or commerce, and (vi) the allegedly infringing Output is from content from a Third Party Offering.
2. Beta Services
This section governs your use of services or features that Professional.me Corporation offers on an alpha, preview, early access, or beta basis (“Beta Services”). Beta Services are offered “as-is” to allow testing and evaluation and are excluded from any indemnification obligations Professional.me Corporation may have to you.
Professional.me Corporation makes no representations or warranties for Beta Services, including any warranty that Beta Services will be generally available, uninterrupted or error-free, or that Content will be secure or not lost or damaged. Except to the extent prohibited by law, Professional.me Corporation expressly disclaims all warranties for Beta Services, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
3. Professional.me Business Accounts
(a) Administrators. Professional.me business accounts are managed by End Users with administrative privileges (“Administrators”). Administrators may be able to add, remove and suspend End Users’ access to the organization’s workspace. In addition, Professional.me Business Administrators may be able to (a) access, share and remove Content; and (b) access logging and information about End Users’ use of Professional.me Recruiter Platform. Customers are responsible for obtaining and maintaining all necessary consents from End Users to take the actions above and to allow Professional.me Corporation to deliver the Services.
(b) Output indemnity. Professional.me Corporation’s indemnification obligations to Professional.me Business customers under the Agreement include claims that Customer’s use or distribution of Output infringes a third party’s intellectual property right. This indemnity does not apply where: (i) Customer or Customer’s End Users knew or should have known the Output was infringing or likely to infringe, (ii) Customer or Customer’s End Users disabled, ignored, or did not use any relevant citation, filtering or safety features or restrictions provided by Professional.me Corporation, (iii) Output was modified, transformed, or used in combination with products or services not provided by or on behalf of Professional.me Corporation , (iv) Customer or its End Users did not have the right to use the Input to generate the allegedly infringing Output, (v) the claim alleges violation of trademark or related rights based on Customer’s or its End Users’ use of Output in trade or commerce, and (vi) the allegedly infringing Output is from content from a Third Party Offering.