Terms of Service - Find talented software engineers from around the world with Aspirantic

Welcome, and thank you for your interest in Aspirantic.

"Aspirantic", "Service(s)", "we", "our", or "us" means the website and service located at https://aspirantic.com and https://app.aspirantic.com.

"you", or "your" means the customer, user and/or visitor of one of our Services.

By using our Services, you are agreeing to this terms and our privacy policy. Please read them carefully. They govern all use of the aspirantic.com website and all content, Services and products available at or through the website.

Our Services are intended for and directed to individuals over the age of 18 years.

1. Using our Services

   If you created an account for using our Services, you are responsible for the security of your account. You must communicate any suspicious use of your account or other breaches of security. Fake and computer-generated accounts ("bots") are not permitted. You must provide your legal full name, a valid e-mail address and any other information requested by the registration form. Don't misuse our Service. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions provided by us. Usage is meant to be for humans that are actively connected to the Service using a web-browser.

2. Privacy

   Our privacy policy explains how we save and treat your personal data. Protecting your privacy when you use our Services is very important for us. By using our Services, you agree that Aspirantic can use such data in accordance with our privacy policy.

3. Your induvidual content

   Some of our features allow you to submit your own individual content like project descriptions or custom filters. You retain ownership of any intellectual property rights that you hold in that content. What belongs to you, stays yours!

4. Service Overview

   We are providing Aspirantic as a service (SaaS). As such, Aspirantic may be used via the Internet only.
   Our Service comprises a crawling engine that indexes developer profiles from around the world - based on their activity at third-party platforms like social media (e.g. Meetup), carreer (e.g. Linkedin), developer (e.g. Github) or q & a (e.g. Stackoverflow) websites. We distanciate from and give no guarantee for the correctness and content of the profiles that are displayed within our Service. Also, we give no guarantee for the the ability to access linked profiles and the candidates behind them.
   
   Our Service then allows you to search for matching candidates and profiles to place them for your job. Aspirantic reserves the right to always adjust the list of third-party platforms. In particular removing one or another.
   
   We generate a list with potentially interesting and matching candidates on your search request. You are able to mark the candidates and put them into global favorites or lists (projects) for later processing (e.g. active sourcing). Each candidate gets an automatically generated scoring based on some internal algorithms. This score is solely used to identify a potentially good canditate and provides a guidance only. We give no guarantee for the correctness of this score, nor the skills, name, e-mail address or any other datum that is shown for each profile. Also, there is no human controlled assessment or any other evaluation of the candidates.

5. Contacting candidates

   There sometimes are several options to contact a matching canditate. However, we don't guarantee any success in your hiring process. We neither guarantee that you can reach out to the candidates found with our Service, nor that they respond to your messages. Please note that there are additional (and possibly cost-intensive) accounts required to contact the canditaes listed by our Service. Contacting candidates takes place at the your own risk and costs. You will also have to accept the terms of our third-party platforms in order to contact a candidate.
   
   You understand and agree that sending unsolicited email advertisements ("spam") to email recipients (e.g. candidates found by our Service) or users of the Service is expressly prohibited.

6. Availability

   The Service is made available to you by us. Whilst we make every effort to ensure that the Service is available, we do not represent, warrant or guarantee in any way the availability of the Service at any time. Aspirantic will try to do regular maintenance works (e.g. if we are updating to newer version to provide new features and bugfixes) during the weekend or at times between 10 p.m. and 6 a.m. (CET). During this time we reserve the right to suspend or cease the operation of the Service at our sole discretion.

7. Our payment processor

   We use a third party payment processor (the "Payment Processor") to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe's Terms of Service and Privacy Policy. We don't control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

8. Payment fees and renewal

   By signing up for our Services, you agree to pay the applicable subscription fees. Applicable fees will be billed starting from the day your paid account is established and in advance of using such Services. Aspirantic reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. By providing your credit card number and associated payment information through the Services, you authorize us through our payment provider to immediately invoice you for all fees and charges due and payable to us hereunder, and you agree that no additional notice or consent is required.
   
   Unless you notify Aspirantic before the end of a billing period that you want to cancel your account, your Aspirantic subscription will automatically renew and you authorize us to collect the applicable fee for our Services (as well as any taxes, if applicable) using our Payment Processor and any credit card we have the Payment Processor has on record for you.
   Our Services can be canceled at any time by sending an e-mail notice to moc.citnaripsa[ta]lecnac.
   
   If you are an enterprise customer or have negotiated specific terms via a Statement of Work or SOW, the terms in your Statement of Work will take precedence over these terms. Please email us at moc.citnaripsa[ta]troppus.
   
   All prices in the price list are net prices. VAT will be added if applicable.

9. Warranties and disclaimer

   The Services are provided "as is". We are not responsible for any of the listed candidates or their acting.
   
   Defects in the supplied Service shall be remediated within a reasonable time following a detailed notification of such defect being given to Aspirantic by the customer. For the purpose of remedying defects, Aspirantic may choose to replace the defective Service with a version of the Service which is free of defects. Unless Aspirantic fails to repair or replace the Service, the right of the customer to terminate the contract due to an inability to use the Service shall be excluded.
   The limitation period for all warranty claims shall be 12 months commencing with the first coming to show of the defect.

10. Changes

    Aspirantic reserves the right to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. But we try to inform you about significant changes. Aspirantic may also, in the future, offer new Services and/or features through the Services (including, the release of new tools and resources). Such new features and/or Services shall be subject to the terms and conditions of this Agreement.

11. Liability

    When permitted by law, Aspirantic and it's suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. To the extent permitted by law, the total liability of Aspirantic, and its suppliers and distributors, for any claim under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again). in all cases, Aspirantic, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
    
    You understand that we use a Payment Processor to run the Service and that the Payment Processor's API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold us liable for any adverse affects that actions (whether intentional or unintentional) on the part of Payment Processor may cause to Your Aspirantic account, or Your business.

12. Force Majeure

    We are not responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control including, but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), acts of terrorism, civil disturbances, disruption of telecommunications, disruption of power or other essential services, interruption or termination of services provided by any service providers used by Mashape, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.

13. About

    If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
    
    All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Wetter, Germany, and you and Aspirantic consent to personal jurisdiction in those courts.
    
    The official text of this Agreement and any notices given here shall be in English. However communication between Aspirantic and the customer may be in English or German.