Terms of Service

Definitions

1. Interactly registered under Sollicitatie.tv at the Chamber of Commerce in Amsterdam with registration number 50598074 0000

2. Website(s): The Interactly website, reachable on domain names www.Interactly.com with.eu.net.com extensions, as well as other related websites such as Sollicitatie.tv, solliciteren.tv , werven.tv, interviewactive.com, interviewfusion.com.

3. Interviewer: the legal entity or representative that wishes to enter into an agreement with Interactly with the purpose of using Interactly for the search and selection of potential candidates or interviews through the use of video interviews.

4. Recorder: the individual or person who is recording an interview with the purpose of entering into a selection round, interview round or other selection or review round through the systems of Interactly.

5. User: both Interviewer or Recorder

6. Personal information: information provided by the recorder into the Interactly system, which can be used to identify and contact the candidate by either Interactly or the Interviewer, which may include but is not limited to name, address, city of residence, email address

Purpose of Interactly

1. Interactly offers Interviewers and Recorders a platform to interact with eachother through video in order to get a good first impression of each other and to increase the efficiency in the selection and obtaining of video information.

2. Interactly arranges the technical means and the platform for both Recorders and Interviewers to see eachother through video in stuctured, automated video interviews and other possible interaction patterns.

User-terms

1. Users are required to enter a valid name, valid email address, and are required to enter all their data truthfully in order to use this service. Failure to do so will result in the termination of any given account, with full deletion of all data on it.

2. With the exception of the use of Interactly’s APIs, it is not permitted to use “bots” or other automated or computerized systems in connection with the Interactly system without the express written consent from Interactly.

3. The user remains responsible for the safety and security of their own account and password and for the security of their own computer and connections. Interactly aims to uphold the highest possible standards for security and as such cannot be held responsible for any damages or loss resulting from security leaks, stolen passwords, phishing attempts, hacking attempts, ddos attacks, or other hacking, cracking and security research methods.

4. User remains responsible for the content he or she enters into the system of Interactly and is expected to upload original content only.

5. User is not allowed to “spam” third parties through the video system with invitations, messages or other forms of communications.

6. This service is not allowed to be use in connection with any services which may conflict with local laws, and Interactly does not accept any responsibility for actions taken by its users that may be deemed illegal.

7. Interactly is willing though not required to remove content from the website which may be obscene, insulting, threatening, libeling, slandering, pornographic, obscene or otherwise socially unacceptable from its servers.

8. The service offered by Interactly is provided as-is and Interactly offers to perform to the best of its capabilities in order to ensure the correct functioning of the system. Incorrect functioning will be dealt with on a best-effort basis and Interactly cannot be held responsible for any temporary offline activity or loss of damage.

9. Interactly offers this service with the assumption that its Users to not require any additional training. In the event Interviewers do require training for the usage of this system a separate agreement has to be reached. If no separate agreement is reached, the Interviewer will be billed €70 per hour of training.

10. User understands that Interactly uses external service providers in order to offer its services.

Fair-Use-Policy and Capacity warnings

1. Interactly is allowed to limit the number of interviews held in any procedure at any time. These limits will be communicated with Interviewer ahead of time. If Interviewer anticipates that there will be more than 10 simultaneous interviews recorded at any time, they are required to notify Interactly of this by at least 5 working days. An example of this may include inviting 100 Recorders to record in interview and setting the deadline at 8pm in the evening on Fridays. Due to the fact that multiple Interviewers have a tendency to set these deadlines, Interactly requests you to notify it ahead of time by email at info@interactly.com.

2. If an Interviewer does not notify Interactly of a potential sudden increase, Interactly may be justified to temporarily block the interview application in order to protect the proper functioning of other accounts. Interactly will make a best effort to contact Interviewer before it takes any such actions.

3. It is not allowed for User to use the network, the (computer)systems of Interactly or third parties, or the service in general in such a way that other users can be blocked from the service and in the event of lost sales or other damages these may be claimed from the Interviewer.

Payment and pricing

1. In the case that any government intervention raises prices by additional taxes or other issues, Interactly has the right to change its prices in accordance in order not to suffer from any reduction in income, even if the prices are listed as fixed in the agreement.

2. In case the Interview does not pay the required amount within 2 (two) months after the set term, Interactly has the right to add an additional monthly interest rate of 2% on the owed amount.

3. If Interactly is required to use legal or other methods to get Interviewer to pay its dues, the costs for this will be the claimed from the Interviewer.

4. Interactly reserves the right to change its prices at any point in the future to better reflect its level of service.

5. The minimum contract duration for any subscription is 3 months, and can be cancelled with 1 month notice at any time during the contract.

6. Any services which are rendered for the Interviewer in relation to this contract which are specified in this contract but not agreed to specifically in this contract will be billed according to the prices listed in the agreement.

7. The billing and invoicing method can be changed at any time requiring users to switch from invoicing to Creditcard or Paypal payments.

Termination and removal

1. The User can terminate their account by contacting sales@interactly.com, or by sending us a written request on our postal address.

2. User does not receive any refunds on payments made.

3. After terminating the account, Interactly may retain the information on the account for an indefinite term insofar as Interactly sees fit.

4. Interactly retains the right to, at any time, remove data from its servers if it sees an immediate and urgent need for this.

Force majeure

1. In the case of force majeure or forces outside of Interactly’s power, Interactly cannot be held responsible for its obligations under this contract, force majeure includes among others fire, flooding, earthquakers, storms, hurricanes, or other natural disasters, war, invasion, revolution, revolt, military coups, actions of foreign enemies, civil war, terrorist activities, confiscation, nationlisation, government sanctions, economic crashes, employment issues, strikes, exclusion or interruption of electrical connections, phone services or internet connections, supplier issues, technical issues, hardware issues, software issues, attacks from hackers, crackers, DdoS attacks and other digital disasters.

2. If the force majeure extends for more than thirty (30) days, either party may end this agreement without owing either party any remuneration or damages.

3. If Interactly is able to partially fulfill its obligations under this contract, or has partially fulfilled its obligations, an amount for these services will still be charged.

Intellectual property

1. The intellectual property relating to Interactly, including the texts, images, design, pictures, screenshots, sounds, formats, software, brands and domain names are owned by Interactly.

2. Interactly does not claim any right to the logos, corporate styles or other materials that are provided by the Users, but may and will use these materials on their domains in order to provide the customization of subdomains and in order to communicate the brands which are using its service.

3. If Interviewer publishes a URL or Hyperlink to the Interactly website, it also agrees to publish all of the data which has been entered into the system regarding the position and the questions.

4. All recordings and data uploaded or sent by Recorders remain the property and intellectual property of the Recorders. Recorders give Interactly an unlimited non-transferable license to publish this video through their own servers. Interviewer is not allowed to attempt to copy, download or otherwise duplicate, host, repurpose or distribute the interviews recorded by Recorders.

5. Recorders can decide at any moment to remove their video from the Interactly servers.

6. The Interviewer is allowed to share the recordings with others such as colleagues, intermediaries, employers, reviewers or other decision makers as long as this is a part of the regular recruitment process.

7. Usage or publication of the recordings for a libelous or slanderous purpose is not allowed and under this agreement the Interviewer accepts full responsibility for any kind of distribution which may negatively impact a candidate.

Various items

1. Insofar as any of these terms may be considered non-binding by a court, all the other terms in this agreement will continue to be fully valid.

2. These terms can be modified at any time and are directly available at Interactly.com.

3. All disputes in regards to this agreement will be resolved under the Dutch court in Amsterdam, the Netherlands.

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