ezyConneqt
Terms and Conditions
A Product of EzyHire Inc.
IMPORTANT NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE EZYCONNEQT PLATFORM. BY CREATING AN ACCOUNT, CLICKING “I AGREE,” DOWNLOADING DATA, OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.
1. INTRODUCTION AND PARTIES
1.1 About This Agreement
These Terms and Conditions (“Agreement” or “Terms”) constitute a legally binding contract between you (“Customer,” “User,” or “you”) and EzyHire Inc., a corporation organized and existing under the laws of the State of California, with its principal place of business in the State of California, United States (“EzyHire,” “Company,” “we,” “us,” or “our”). This Agreement governs your access to and use of the EzyConneqt platform, including all software, services, APIs, browser extensions, data products, and related documentation (collectively, the “Service” or “Platform”).
1.2 Entity Authority
If you are accessing or using the Service on behalf of a company, organization, or other legal entity (“Business”), you represent and warrant that you have full legal authority to bind that Business to this Agreement. In such cases, “you” and “your” refer to both you individually and the Business. If you do not have such authority, you must not use the Service on behalf of that Business.
1.3 Age and Eligibility
You must be at least eighteen (18) years of age and have the legal capacity to enter into binding contracts under applicable law. The Service is intended solely for business-to-business (“B2B”) use and is not designed for or directed at consumers for personal, family, or household purposes. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and that you are not listed on any U.S. Government prohibited-party list.
1.4 Electronic Agreement
You consent to receive this Agreement and all related communications in electronic form. This Agreement, together with any Order Forms, Statements of Work, or other documents incorporated by reference, constitutes the complete and exclusive agreement between the parties and supersedes all prior negotiations, representations, or agreements relating to its subject matter.
2. DEFINITIONS
As used in this Agreement, the following definitions apply:
- “B2B Contact Data” means professional contact information relating to individuals in their capacity as business professionals, including names, business email addresses, business phone numbers, job titles, employer names, and LinkedIn or other professional profile URLs.
- “Browser Extension” means the EzyConneqt browser extension or plug-in made available for installation on compatible web browsers, which enables User-Initiated Data Capture as described in Section 7.
- “Credits” means the unit of exchange used to access and download B2B Contact Data records within the Service, allocated per your Subscription Plan.
- “Customer Data” means data, content, and information that you submit to or import into the Service, including data captured via the Browser Extension.
- “Data Subject” means an identifiable natural person whose personal information is contained within B2B Contact Data or Customer Data.
- “Enrichment” means the process of appending, verifying, or supplementing contact records with additional publicly available or licensed professional information.
- “Lead” means a single contact record downloaded or exported from the Service.
- “Order Form” means a written or electronic order document specifying the Subscription Plan, fees, and other commercial terms agreed between you and EzyHire.
- “Personal Information” has the meaning given under applicable privacy laws, including the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”), and includes “personal data” as defined under the EU General Data Protection Regulation (“GDPR”) where applicable.
- “Subscription Plan” means the subscription tier purchased by you, specifying Credits, seat limits, and other entitlements.
- “User-Initiated Data Capture” means the deliberate, manual action taken by a logged-in User to save or capture a specific contact record while using the Browser Extension, as further described in Section 7.
3. ACCOUNT REGISTRATION AND SECURITY
3.1 Account Creation
To access the Service, you must register and create an account (“Account”). During registration you agree to provide accurate, current, and complete information and to keep such information updated. EzyHire reserves the right to refuse registration, suspend, or terminate any Account that contains false, misleading, or incomplete information.
3.2 Credential Security
You are solely responsible for maintaining the confidentiality of your login credentials, including passwords and multi-factor authentication codes, and for all activities that occur under your Account, whether or not authorized by you. You agree to:
- Use strong, unique passwords and enable multi-factor authentication where available;
- Immediately notify EzyHire at security@ezyhire.com of any unauthorized access to or use of your Account;
- Not share, sell, transfer, or sublicense Account credentials to any third party;
- Not permit multiple individuals to use a single licensed seat simultaneously.
EzyHire will not be liable for any loss or damage arising from your failure to comply with this Section.
3.3 Per-Seat Licensing
Each Subscription Plan is licensed on a per-seat basis. A “seat” constitutes one (1) named individual User. Unless your plan expressly provides for multiple seats, Account credentials may not be shared among multiple individuals. EzyHire reserves the right to monitor concurrent logins and suspend Accounts exhibiting credential-sharing activity without prior notice.
3.4 Account Audit
EzyHire reserves the right to audit your use of the Service and your Account activity at any time. You agree to cooperate fully with any such audit and to provide documentation reasonably requested by EzyHire within ten (10) business days of any request.
3.5 Account Termination by User
You may terminate your Account at any time by contacting support@ezyhire.com, subject to your payment obligations under Section 5. Termination does not relieve you of any accrued payment obligations.
4. LICENSE GRANT AND RESTRICTIONS
4.1 License Grant
Subject to your compliance with this Agreement and timely payment of all applicable fees, EzyHire grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the Subscription Term to:
- Access and use the Service for your internal business purposes only;
- Download B2B Contact Data records up to the limits specified in your Subscription Plan;
- Install and use the Browser Extension on devices you own or control, solely as described in Section 7.
All rights not expressly granted herein are reserved by EzyHire.
4.2 Restrictions
You shall not, directly or indirectly:
- Resell, sublicense, rent, lease, lend, or otherwise transfer your rights under this Agreement to any third party;
- Use the Service or B2B Contact Data to build, populate, or supplement a competing data product or database;
- Use automated scripts, bots, spiders, crawlers, scraping tools, or any other automated means to access, collect, or extract data from the Service or Platform beyond what is expressly permitted;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying algorithms of the Service;
- Remove, alter, or obscure any proprietary notices, labels, or marks on or in the Service;
- Use the Service in a manner that exceeds your licensed seat count or Credit allocation;
- Frame, mirror, or create derivative interfaces that replicate the Service’s functionality;
- Interfere with, disrupt, or attempt to gain unauthorized access to the Service, its servers, or associated networks;
- Use the Service outside the United States unless expressly authorized by EzyHire in writing.
4.3 No FCRA Use
THE EZYCONNEQT PLATFORM IS NOT A CONSUMER REPORTING AGENCY AND THE SERVICE IS NOT A “CONSUMER REPORT” AS DEFINED BY THE FAIR CREDIT REPORTING ACT, 15 U.S.C. § 1681 ET SEQ. (“FCRA”). YOU MAY NOT USE THE SERVICE OR ANY DATA OBTAINED THEREFROM IN CONNECTION WITH:
- Evaluating individuals for employment, promotion, reassignment, or retention;
- Evaluating individuals for credit, insurance, housing, or tenancy;
- Any other purpose governed by the FCRA or similar state statutes.
Violation of this Section is a material breach of this Agreement and may result in immediate termination and referral to applicable regulatory authorities.
4.4 Anti-Spam and CAN-SPAM Compliance
You agree to use B2B Contact Data only in compliance with all applicable anti-spam laws, including the CAN-SPAM Act, the Telephone Consumer Protection Act (“TCPA”), and any applicable state equivalents. You are solely responsible for ensuring your outbound communications comply with all applicable laws. EzyHire assumes no liability for your use of contact data in outreach campaigns.
5. SUBSCRIPTION PLANS, FEES, AND PAYMENT
5.1 Subscription Plans and Pricing
EzyConneqt offers Subscription Plans as specified on the applicable Order Form or pricing page at ezyconneqt.com. Current plans are billed on a monthly basis. EzyHire reserves the right to change pricing upon thirty (30) days’ prior written notice.
5.2 Credits
Credits are allocated monthly per your Subscription Plan. Credits are non-transferable, expire at the end of each monthly billing cycle, and do not roll over to subsequent periods. Credits have no cash value and are not redeemable for monetary compensation. EzyHire may modify Credit allocation terms upon thirty (30) days’ notice.
5.3 Annual Commitment Triggered by Download
ONCE YOU DOWNLOAD OR EXPORT ONE OR MORE LEADS FROM THE PLATFORM, YOU ARE AUTOMATICALLY ENROLLED IN A TWELVE (12) MONTH ANNUAL COMMITMENT (“COMMITMENT TERM”) FROM THE DATE OF FIRST DOWNLOAD. During the Commitment Term:
- Billing continues monthly at your then-current Subscription Plan rate;
- No lump-sum annual payment is required;
- Cancellation, pausing, or downgrading of your Subscription is not available;
- No refunds will be issued for remaining months in the Commitment Term.
After the expiration of your Commitment Term, you may cancel before the next renewal date by providing written notice to billing@ezyhire.com at least five (5) business days prior to renewal.
5.4 Plans Under $150/Month
Subscription Plans billed at less than one hundred fifty dollars ($150.00) per month are subject to a mandatory twelve (12) month minimum commitment from the date of account activation, regardless of whether any download has occurred.
5.5 Payment Terms
All fees are due and payable in advance on the first day of each billing period in U.S. Dollars. You authorize EzyHire (or its designated payment processor) to charge your payment method on file. You are responsible for maintaining a current, valid payment method. If a charge fails, EzyHire may retry the charge and may suspend access to the Service until payment is received.
5.6 Taxes
All fees are exclusive of applicable taxes. You are responsible for all sales, use, VAT, GST, or similar taxes imposed by any governmental authority on transactions under this Agreement, excluding taxes on EzyHire’s net income.
5.7 Refund Policy
ALL FEES PAID ARE NON-REFUNDABLE EXCEPT AS FOLLOWS:
- If a charge occurs after a properly submitted cancellation request due to a documented technical billing error, EzyHire may, in its sole discretion, issue a refund for that charge less an administrative processing fee of fifty dollars ($50.00) per user seat, to the extent permitted by applicable law.
- Nothing in this Section limits any statutory refund rights you may have under applicable consumer protection law in your jurisdiction.
5.8 Disputed Charges
If you believe a charge is erroneous, you must notify EzyHire in writing at billing@ezyhire.com within thirty (30) days of the charge. Failure to provide timely notice constitutes a waiver of your right to dispute the charge. Initiating a chargeback with your payment provider without first attempting resolution with EzyHire constitutes a material breach of this Agreement.
6. INTELLECTUAL PROPERTY
6.1 EzyHire Ownership
The Service, including all software, algorithms, databases, interfaces, documentation, trademarks, trade dress, and all content and data compiled, organized, or made available by EzyHire (collectively, “EzyHire IP”), is and shall remain the exclusive property of EzyHire Inc. and its licensors. This Agreement does not grant you any ownership interest in EzyHire IP. All rights not expressly granted are reserved.
6.2 Customer Data Ownership
You retain all ownership rights in Customer Data that you submit to the Service. By submitting Customer Data, you grant EzyHire a worldwide, royalty-free, non-exclusive license to process, store, and use Customer Data solely to provide and improve the Service and as described in the Privacy Policy.
6.3 Feedback
If you provide EzyHire with suggestions, ideas, enhancement requests, or other feedback regarding the Service (“Feedback”), you hereby assign to EzyHire all right, title, and interest in and to such Feedback without any obligation of confidentiality, attribution, or compensation to you.
6.4 Usage Data
EzyHire may collect, process, and use anonymized and aggregated data derived from your use of the Service (“Usage Data”) for product development, analytics, benchmarking, and marketing purposes. Usage Data does not identify you individually and remains the property of EzyHire.
6.5 Trademark Notice
“EzyConneqt,” “EzyHire,” and associated logos are trademarks or registered trademarks of EzyHire Inc. You may not use these marks without EzyHire’s prior written consent. Third-party trademarks referenced in the Service are the property of their respective owners.
7. BROWSER EXTENSION — USER-INITIATED DATA CAPTURE
7.1 Overview
EzyHire makes available a browser extension (“Extension”) as a convenience tool for Users. EZYHIRE DOES NOT ACCESS, COLLECT, SCRAPE, OR RETRIEVE ANY DATA FROM LINKEDIN, FACEBOOK, TWITTER/X, OR ANY OTHER SOCIAL MEDIA OR PROFESSIONAL NETWORKING PLATFORM (“THIRD-PARTY PLATFORMS”) DIRECTLY, AUTONOMOUSLY, OR THROUGH ANY AUTOMATED MEANS. The Extension operates solely within the User’s own browser session and only captures data when the User takes a deliberate manual action. EzyHire’s B2B Contact Data is sourced exclusively from publicly available sources and licensed third-party data providers — not from any social media platform.
7.2 User-Initiated Actions Only
THE EXTENSION OPERATES EXCLUSIVELY THROUGH DELIBERATE, MANUAL, USER-INITIATED ACTIONS. Specifically:
- The Extension does not operate autonomously, run in the background, or collect data without an explicit, affirmative action by the User;
- Data is captured only when the User manually activates the Extension’s capture function (e.g., clicks the “Save Contact” button) while viewing a specific profile page;
- The Extension does not perform bulk scraping, automated traversal of profile pages, or mass data collection;
- Each capture event represents a single, intentional User action in respect of a single profile the User is actively viewing.
7.3 User Consent and Representations
By installing and using the Extension, you represent, warrant, and agree that:
- You are the authorized holder of the account on the applicable Third-Party Platform from which you capture data;
- You will use the Extension solely in compliance with the terms of service and community guidelines of the applicable Third-Party Platform;
- You will not use the Extension to circumvent rate limits, access controls, or anti-scraping measures implemented by any Third-Party Platform;
- You will not use the Extension to capture data about individuals for any purpose prohibited under Section 4.3 (FCRA) or Section 8 (Privacy Compliance);
- You acknowledge that EzyHire does not control Third-Party Platforms and that your use of those platforms is governed solely by their respective terms of service;
- You assume full responsibility for ensuring your use of the Extension complies with applicable law and the terms of service of any Third-Party Platform.
7.4 No EzyHire Liability for Third-Party Platform Terms
EzyHire expressly disclaims any responsibility or liability arising from your violation of any Third-Party Platform’s terms of service. EzyHire does not endorse, authorize, or encourage any use of the Extension that would violate a Third-Party Platform’s policies. If a Third-Party Platform restricts or prohibits the use of tools like the Extension, you are solely responsible for compliance with such restrictions.
7.3A Explicit User Authorization and Acknowledgment
BY INSTALLING AND ACTIVATING THE EXTENSION, YOU EXPRESSLY AUTHORIZE AND INSTRUCT THE EXTENSION TO READ AND CAPTURE PUBLICLY VISIBLE PROFILE DATA DISPLAYED WITHIN YOUR ACTIVE BROWSER SESSION ON THIRD-PARTY PLATFORMS, SOLELY AT THE MOMENT YOU MANUALLY TRIGGER THE EXTENSION’S CAPTURE FUNCTION. You further acknowledge and agree that:
- This authorization is strictly limited to publicly visible information displayed on the specific profile page you are actively viewing at the precise moment of capture;
- This authorization does not extend to private messages, non-public profile data, your connection lists, follower lists, or any information not publicly visible to unauthenticated users on that platform;
- EzyHire does not receive, store, transmit, or process your social media login credentials, session tokens, or authentication data at any time;
- This authorization is personal to you as the account holder and is automatically and immediately revoked upon uninstallation of the Extension;
- You have the full legal right and authority to grant this authorization in respect of your account on the applicable Third-Party Platform and are solely responsible for any consequences of doing so under that platform’s terms of service;
- EzyHire does not independently access any Third-Party Platform on your behalf, does not maintain any server-side connection to any Third-Party Platform, and does not aggregate, scrape, or harvest data from any Third-Party Platform at the platform level.
7.5 Data Captured via Extension and Retention Limitations
Data captured via the Extension is stored exclusively in your EzyConneqt account as your Customer Data and is subject to this Agreement and the Privacy Policy. EzyHire does not aggregate, pool, or combine Extension-captured data across multiple users’ accounts, and does not use Extension-captured data to build or supplement EzyConneqt’s core B2B Contact Data database. You acknowledge that publicly visible professional profile information captured via the Extension may constitute personal information under applicable privacy law, and you agree to handle such data in accordance with Section 8 and all applicable laws. You are responsible for deleting Extension-captured data from your EzyConneqt account when it is no longer needed for its stated business purpose, and in any event upon termination of your account per Section 14.3.
7.6 Extension Updates and Termination
EzyHire reserves the right to update, modify, suspend, or discontinue the Extension at any time with or without notice. EzyHire may release updates that change Extension functionality in order to maintain compliance with applicable law or the policies of Third-Party Platforms, and you agree to install required updates.
8. PRIVACY, DATA PROTECTION, AND COMPLIANCE
8.1 Privacy Policy
EzyHire’s collection, use, retention, and disclosure of personal information is governed by the EzyConneqt Privacy Policy, available at ezyconneqt.com/privacy (“Privacy Policy”), which is incorporated into this Agreement by reference. In the event of conflict between this Agreement and the Privacy Policy with respect to personal information, the Privacy Policy shall govern.
8.2 California Consumer Privacy Act (CCPA / CPRA)
EzyHire complies with the California Consumer Privacy Act of 2018 (Cal. Civ. Code § 1798.100 et seq.), as amended by the California Privacy Rights Act of 2020 (“CCPA/CPRA”). In connection with B2B Contact Data:
- EzyHire does not sell Personal Information as defined under CCPA/CPRA;
- EzyHire does not share Personal Information for cross-context behavioral advertising without applicable consent;
- California residents whose personal information is included in the EzyConneqt database may submit data subject rights requests (access, deletion, correction, opt-out of sale/sharing) by contacting privacy@ezyhire.com or visiting ezyconneqt.com/privacy-rights;
- EzyHire will respond to verified consumer requests within the timeframes required by applicable law;
- EzyHire maintains a do-not-sell/do-not-share list and will honor opt-out requests within fifteen (15) business days.
8.3 Data Subject Rights and Opt-Out
Individuals whose contact information appears in the EzyConneqt database and who wish to have their information removed may submit an opt-out request at ezyconneqt.com/opt-out or by emailing privacy@ezyhire.com. EzyHire endeavors to process removal requests within seventy-two (72) hours of verification. Removal suppresses the individual’s information from being displayed through the Service but does not guarantee removal from third-party sources.
8.4 Your Privacy Obligations as a User
By using the Service and accessing B2B Contact Data, you represent, warrant, and agree that:
- You will use Personal Information obtained through the Service only for lawful business purposes and in strict compliance with all applicable privacy laws, including CCPA/CPRA, GDPR (where applicable), CAN-SPAM, TCPA, and any applicable state privacy statutes;
- You will not use Personal Information obtained through the Service in combination with data governed by the Gramm-Leach-Bliley Act, HIPAA, COPPA, or similar sensitive data statutes;
- You will maintain appropriate technical and organizational measures to protect Personal Information against unauthorized access, use, or disclosure;
- You will honor individual opt-out and data deletion requests received from Data Subjects in respect of data you have downloaded from the Service;
- You will not use the Service to locate, profile, track, or target any individual for purposes other than legitimate B2B outreach;
- You will not use the Service to seek information about, contact, or profile any individual under the age of eighteen (18).
8.5 Data Processing Agreement
To the extent that EzyHire processes Personal Information on your behalf as a data processor (as that term is defined under GDPR or similar applicable law), the parties agree to execute a mutually agreed Data Processing Agreement (“DPA”) upon request. Contact dpa@ezyhire.com to request a DPA.
8.6 International Data Transfers
EzyHire is based in the United States. If you are accessing the Service from outside the United States, you acknowledge that your data will be transferred to, stored, and processed in the United States. EzyHire implements appropriate safeguards for international data transfers as required by applicable law.
8.7 Data Breach Notification
In the event EzyHire becomes aware of a security breach affecting your account data, EzyHire will notify you in accordance with applicable law, including California Civil Code § 1798.82.
9. THIRD-PARTY SERVICES AND LINKS
The Service may contain links to, integrations with, or embeds from third-party websites, applications, payment processors, analytics providers, or other services (“Third-Party Services”). EzyHire has no control over and assumes no responsibility for the content, privacy practices, security, or availability of any Third-Party Services. Your use of Third-Party Services is governed by their respective terms of service and privacy policies, which you are solely responsible for reviewing and complying with. EzyHire does not endorse any Third-Party Service. EzyHire reserves the right to add, modify, or remove Third-Party Service integrations at any time without notice.
10. CONFIDENTIALITY
10.1 Confidential Information
Each party may disclose to the other certain non-public, proprietary, or confidential information (“Confidential Information”). Confidential Information includes, without limitation, pricing terms, product roadmaps, technical specifications, business strategies, and Customer Data. Each party agrees to: (a) hold the other’s Confidential Information in strict confidence using at least the same degree of care it uses for its own confidential information, but no less than reasonable care; (b) use Confidential Information only as necessary to exercise rights or perform obligations under this Agreement; and (c) disclose Confidential Information only to employees, contractors, or advisors with a need to know and who are bound by obligations at least as protective as those herein.
10.2 Exclusions
Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no breach by the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information; or (d) is required to be disclosed by law, regulation, or court order, provided the receiving party gives prompt written notice to the disclosing party and cooperates in seeking a protective order.
11. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL B2B CONTACT DATA ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY.
EZYHIRE INC. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS (COLLECTIVELY, “EZYHIRE PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:
- ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT;
- ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
- ANY WARRANTY REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENCY, OR USEFULNESS OF B2B CONTACT DATA. CONTACT DATA IS SOURCED FROM PUBLICLY AVAILABLE AND THIRD-PARTY LICENSED SOURCES AND MAY BE INCOMPLETE, OUT OF DATE, OR INACCURATE;
- ANY WARRANTY THAT RESULTS OBTAINED FROM USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Some jurisdictions do not allow the exclusion of implied warranties. To the extent such exclusions are prohibited under applicable mandatory law, they shall apply to the maximum extent permitted.
12. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY EZYHIRE PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:
- LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, GOODWILL, OR ANTICIPATED SAVINGS;
- COSTS OF SUBSTITUTE PRODUCTS OR SERVICES;
- BUSINESS INTERRUPTION OR SYSTEM FAILURE;
- UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR DATA OR ACCOUNT;
- ANY MATTER RELATING TO USE OR INABILITY TO USE THE SERVICE OR B2B CONTACT DATA;
WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF AN EZYHIRE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF ALL EZYHIRE PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO EZYHIRE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).
The limitations in this Section apply even if any remedy set forth herein fails of its essential purpose. Some jurisdictions do not permit certain limitations of liability; in such jurisdictions the limitations shall apply to the maximum extent permitted by law.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the EzyHire Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Your access to or use of the Service, including use of the Browser Extension;
- Your violation of this Agreement, any applicable law, or any rights of a third party;
- Your use of B2B Contact Data in violation of applicable privacy laws, the FCRA, CAN-SPAM, TCPA, or any other applicable statute or regulation;
- Customer Data you submit to the Service, including any claim that such data infringes or misappropriates a third party’s intellectual property or privacy rights;
- Your violation of any Third-Party Platform’s terms of service in connection with use of the Browser Extension;
- Any claim by a Data Subject arising from your handling of their personal information.
EzyHire reserves the right to assume exclusive control of any defense subject to indemnification by you, and you agree to cooperate with EzyHire in such event. You shall not settle any indemnifiable claim without EzyHire’s prior written consent.
14. TERM AND TERMINATION
14.1 Term
This Agreement commences on the date you first access the Service or accept these Terms and continues until terminated in accordance with this Section.
14.2 Termination for Breach
EzyHire may immediately suspend or terminate your Account and access to the Service, without prior notice or liability, if: (a) you breach any provision of this Agreement; (b) you fail to pay any fees when due; (c) EzyHire determines you are using the Service for unlawful purposes; or (d) required by law or regulatory action.
14.3 Effect of Termination
Upon termination: (a) all licenses granted under this Agreement immediately cease; (b) you must promptly delete all downloaded B2B Contact Data and cease all use of the Service; (c) all accrued payment obligations survive; (d) EzyHire may delete your Account and associated data subject to the Privacy Policy. EzyHire shall have no liability to you for any damages resulting from termination.
14.4 Survival
The following Sections survive termination or expiration of this Agreement: Sections 2, 4.2, 4.3, 5 (payment obligations accrued), 6, 8.4, 10, 11, 12, 13, 14.3, 15, 16, and 17.
15. FORCE MAJEURE
EzyHire shall not be liable for any delay or failure to perform its obligations under this Agreement to the extent caused by events beyond its reasonable control, including without limitation: acts of God; natural disasters; pandemics or epidemics; war, terrorism, or civil unrest; government actions, sanctions, or regulations; labor disputes; utility or telecommunications failures; cyber attacks or data breaches affecting third-party infrastructure; or Internet service provider outages. During any force majeure event, EzyHire’s obligations are suspended for its duration. EzyHire will use commercially reasonable efforts to resume performance as soon as practicable.
16. DISPUTE RESOLUTION
16.1 Informal Resolution
Before initiating any formal dispute proceeding, the parties agree to attempt to resolve any dispute informally. The party with a dispute must send written notice to the other party describing the dispute in reasonable detail (“Dispute Notice”). The parties agree to negotiate in good faith for a period of forty-five (45) calendar days from receipt of a Dispute Notice (the “Negotiation Period”). EzyHire’s notice address is: EzyHire Inc., Legal Department, 691 S Milpitas Blvd Suite 217, Milpitas, CA 95035; legal@ezyhire.com.
16.2 Binding Arbitration
IF A DISPUTE IS NOT RESOLVED DURING THE NEGOTIATION PERIOD, IT SHALL BE FINALLY RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS COMMERCIAL ARBITRATION RULES THEN IN EFFECT, WHICH ARE AVAILABLE AT www.adr.org. THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH IN THE STATE OF CALIFORNIA. THE ARBITRATOR’S DECISION SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
16.3 Exceptions to Arbitration
Notwithstanding Section 16.2, either party may seek: (a) emergency injunctive or equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information; or (b) resolution of eligible disputes in small claims court.
16.4 Class Action Waiver
YOU AND EZYHIRE EACH IRREVOCABLY WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. ALL DISPUTES SHALL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS. IF A COURT DETERMINES THIS WAIVER IS UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM SHALL BE SEVERED AND PROCEED IN COURT; ALL REMAINING CLAIMS SHALL PROCEED IN ARBITRATION.
16.5 Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE.
16.6 Arbitration Costs
The party initiating arbitration shall pay the AAA filing fee. All other arbitration administrative and arbitrator fees shall be allocated per AAA rules. If you demonstrate that arbitration costs would be prohibitive relative to litigation costs, EzyHire will pay such fees as necessary to prevent the arbitration from being cost-prohibitive. The prevailing party shall be entitled to recover reasonable documented attorneys’ fees and costs.
16.7 Governing Law
This Agreement and all disputes arising out of or in connection with it shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law provisions. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of Section 16.2. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
17. GENERAL PROVISIONS
17.1 Entire Agreement
This Agreement, together with the Privacy Policy, any Order Forms, and any expressly incorporated addenda, constitutes the entire and exclusive agreement between the parties with respect to the Service and supersedes all prior and contemporaneous negotiations, representations, warranties, and agreements, whether written or oral.
17.2 Amendments
EzyHire reserves the right to modify these Terms at any time. For material changes (including changes to pricing, payment terms, arbitration provisions, or data practices), EzyHire will provide at least thirty (30) days’ prior written notice via email to your registered address and/or prominent notice within the Service. Your continued use of the Service after the effective date of changes constitutes acceptance. If you do not agree to the revised Terms, you must cease using the Service before the effective date. Where required by applicable law, EzyHire will seek your express consent before applying changes.
17.3 Assignment
You may not assign, transfer, or sublicense any of your rights or obligations under this Agreement without EzyHire’s prior written consent. Any attempted assignment in violation of this Section is void. EzyHire may freely assign this Agreement to any affiliate, subsidiary, or successor entity in connection with a merger, acquisition, or sale of assets, upon notice to you.
17.4 Severability
If any provision of this Agreement is found invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
17.5 Waiver
EzyHire’s failure to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision in the future. No waiver of any breach shall constitute a waiver of any subsequent breach.
17.6 No Third-Party Beneficiaries
This Agreement is for the sole benefit of the parties hereto and their permitted successors and assigns. Nothing in this Agreement creates any third-party beneficiary rights.
17.7 Relationship of Parties
The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, franchise, or employment relationship between the parties.
17.8 Notices
All legal notices under this Agreement must be in writing and delivered to EzyHire at legal@ezyhire.com or by certified mail to EzyHire Inc., Legal Department, 691 S Milpitas Blvd Suite 217, Milpitas, CA 95035. Notices to you shall be sent to the email address associated with your Account. Notices are deemed effective upon confirmed delivery.
17.9 Export Compliance
You shall comply with all applicable U.S. and international export control laws and regulations. You represent that you are not located in a sanctioned country and are not a prohibited or restricted party under applicable export control laws.
17.10 Headings
Section headings are for convenience only and shall not affect the interpretation of this Agreement.
17.11 Counterparts and Electronic Signatures
This Agreement may be accepted electronically, including by clicking “I Agree” or by accessing the Service after these Terms are presented. Electronic acceptance has the same legal force and effect as a handwritten signature under applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., and the California Uniform Electronic Transactions Act.
18. CONTACT INFORMATION
For questions about these Terms, please contact:
EzyHire Inc. — Legal Department
Platform: EzyConneqt (ezyconneqt.com)
General: support@ezyhire.com
Legal: support@ezyhire.com
Privacy: support@ezyhire.com
Billing: support@ezyhire.com
Security: security@ezyhire.com
California Residents: Under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.