Terms of Service

Last updated December 20, 2022

Please read these Terms of Service (“Terms”) carefully for the use of Super, operated by Super Software Inc. (“the company,” “we,” “us,” our”), which includes any content, services, tools, features, and functionality offered on our through website hiresuper.com and subdomains including app.hiresuper.com to an end user (“Subscriber”).

These are collectively referred to as the “Services.” For purposes of these Terms, “you” and “yours” refer to a user of the Services. If you use the Services on behalf of a company or other entity, then “you” includes you and that entity, and you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms and that you agree to these Terms on the entity’s behalf.

We may modify these Terms from time-to-time. Please refer to the “last updated” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as placing prominent notice on the website. However it is your sole responsibility to review these Terms and any such changes. Your continued access or use of the Services after modifications have become effective will be deemed as your acceptance of the modified Terms.

These Terms govern your access to and use of the Services. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services. 

If you have any questions about these terms, please contact us at hello@hiresuper.com.

Services usage
You must be 18 years of age or older to use the Services.

If you have been authorized to use the Services by an organization or entity (e.g. employer, HOA), then that Subscriber has separately agreed to our SaaS Services Agreement or entered into a written agreement with us. That Services Agreement has permitted Subscriber to authorize you and other users to use the Services as an authorized user of the Subscriber (“Authorized User”). When an Authorized User submits content or information to the Services, such as profile data, messages, or files (“Subscriber Data”), you acknowledge and agree that the Subscriber Data is owned by Subscriber. The Services Agreement covers control over and access to Subscriber Data and your use of the Services as the Subscriber’s Authorized User.

To use the Services, you will need an account (“Account”). You agree to provide us with accurate, complete, and updated information for your Account. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of access to your Account. We are not liable for any acts or omissions by you in connection with your Account. If you suspect your Account has been compromised or there is unauthorized use of your Account, please notify us at help@hiresuper.com immediately. 

Privacy policy
We take privacy and data security seriously. Our privacy policy, which sets out how we will use any gathered information, can be found at hiresuper.com/privacy-policy. By using the Services, you consent to the processing described therein and warrant that all data provided by you is accurate.

Rights to use services
By agreeing to these Terms, we permit you to use the Services for your personal use only, or as otherwise permitted in any Service Agreement that applies to your use of the Services. If any software, content, or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you a personal, non-assignable, non sub-licensable, non-transferable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Services.

Your access and use of the Services may be interrupted from time-to-time for several reasons, including but not limited to, maintenance or repair of the Service, periodic updates, or other actions that we may elect to take.

You are restricted from any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so. These include downloading, modifying, duplicating, reverse-engineering, decoding, adapting, copying, distributing, renting, leasing, loaning, sub-licensing, hacking, gaining unauthorized access, disrupting, damaging, deactivating, crawling, scraping, introducing viruses or trojan horses, or offering for sale or resale any information contained on or obtained from or through the Services except for temporary files that are automatically cached by your web browser for display purposes. You are also restricted from reproducing or removing any copyright, trademark, service mark, trade name, logo, image, or other proprietary notation displayed on or through the Services. 

You may not use or access the Services for any fraudulent purposes, if you are directly or indirectly a competitor of the Company, or if you violate or attempt to violate any applicable law or regulation in connection with your access to or use of the Services or in a way not expressly permitted by these Terms.

The Services, including any text, design elements, images, logos, and graphics are proprietary content, information and other materials, are protected under copyright, trademark, and other intellectual property laws. You agree that the Company owns all right, title, and interest in and to the Services and its intellectual property rights therein, and you agree not to take any actions inconsistent with such ownership rights. 

The Company’s name, trademarks, logo, and all related names, product and service names, designs, and slogans are Company trademarks. Other names, logos, product and service names, designs, and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Your feedback, including comments and suggestions for improvements to the Services, are highly valued. However, you acknowledge and agree that any contribution of feedback does not and will not give or grant you any right, title, or interest in the Services or in any such feedback. All feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose feedback in any manner and for any purpose without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title, and interest that you may have in and to any and all feedback.

In connection with your use of the Services, you may submit, upload, or respond to content made available through the Services (“Your Content”). By using the Service to upload Your Content, you grant us license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify Your Content solely as required to be able to operate and provide the Services. You agree that these rights and licenses are royalty-free, transferable, and irrevocable for so long as Your Content is stored with us, and include a right for us to make Your Content available to, and pass these rights along to, other third parties with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access or to disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations.

As part of the foregoing license grant, you agree that other users of the Services shall have the right to access, comment, publish, display, and/or use Your Content as part of their own use of the Services. To the fullest extent permitted by applicable law, the Company reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice. By uploading Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, constants, permissions, and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights unless you have permission.

Third-party services
Certain content, data, information, applications, or materials displayed by the Services may be from third parties (“Third-Party Materials”) or link out to certain third-party services and websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, validity, legality, or any other aspect of such Third-Party Materials or services. We do not warrant or endorse, and do not assume or hold any liability or responsibility to you or any other person for any Third-Party Materials or services. Third-Party Materials and links to other services and websites are provided solely as a convenience to you.

No warranty and disclaimers
Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “as is” and “as available” basis. The Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, successors, assigns, consultants, suppliers, and licensors (“Company Entities”) disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement. The Company Entities make no warranty or representation and disclaim any and all responsibility and liability for the completeness, accuracy, availability, security, compatibility, or reliability of the services as well as for any harm to your computer system, loss of data, interruptions, errors, or other harm that results from your access to or use of the service. No advice or information, oral or written, obtained from the Company Entities or through the Services will create any warranty or representation not expressly made herein. 

The Company Entities take no responsibility and assume no liability for any content that you, another user, or a third party uploads, creates, sends, receives, or stores on or through our services. You acknowledge and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which the Company Entities will be responsible for.

Limitations of liability
The the extent not prohibited by law, you agree that in no event will the Company Entities be liable for damages of any kind, including indirect, special, exemplary, incidental, consequential, or punitive damages (including but not limited to procurement of substitute services, loss of use, loss of data or profits, business interruption, or any other damages or losses arising out of or related to your use or inability to use the Services) however caused and under any theory of liability, whether under these terms or otherwise arising in any way in connection with the services or these terms, and whether in contract, strict liability or tort (including negligence or otherwise), even if the Company Entities have been advised of the possibility of such damage or for any other claim, demand, or damages whatsoever resulting from or arising out of or in connection with these terms or the delivery, use, or performance of the Services.

By entering into these Terms and accessing or using the Service, you agree that you shall defend, indemnify, and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses incurred the Company Entities arising out of or in connection with your violation or breach of any of these Terms or any applicable law or regulation, your violation of any rights of any third party, your misuse of the Services, Your Content, or your negligence or willful misconduct. You agree that the Company and applicable Company Entity will have the right in its sole discretion to control any action or proceeding and to determine whether the Company wishes to settle, and if so, on what terms. You agree to fully cooperate with the Company in the defense or settlement of such claim.

Breach and termination of Account
If you breach any of the provisions of these Terms, all licenses granted by the Company will be terminated automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of Your Content. The Company shall not be responsible for the failure to delete or delegation of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.You agree that a breach of these Terms will cause irreparable injury to the company, for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. Section headings used herein are for reference only and shall not be read to have any legal effect.The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with local applicable laws. These Terms and all matters arising out of or relating to these Terms shall be governed by the internal laws of the State of Delaware, without giving effect to any choice of law rule.